Glass 




Book LiX2^ 






>amj%i ^^ v^ 



OHIO 



SCHOOL 



LAWS 




IN FORCE APRIL 25, 1904 




COMPLIMENTS OF 

LEWIS D. BONEBRAKE 

COMMISSIONER 



BLANK FORMS AND DIRECTIONS TO SERVE 
AS A GUIDE FOR SCHOOL OFFICERS 



OHIO 



SCHOOL LAWS 



IN rORCE APRIL 25. 1904. 



BLANK rORnS AND DIRECTIONS TO SERVE 
AS A GUIDE EOR SCHOOL OEEICERS. 



Springfield, Ohio: 

•rne Springfield Publishing Company, 

State Printers. 

1904. 



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PREPACE 



The state commissioner of common schools is authorized hy 
section 360 of the Revised Statutes of Ohio to cause as many copies 
of the laws relating to schools, with an appendix of appropriate 
forms and instructions for carrying into execution all such laws, to 
be printed and distributed for the use of the school officers as often 
as any change in the laws may seem to require such republication 
and distribution. 

The last edition was prepared in the summer of 1900, since 
which time our school laws have been practically rewritten. In the 
two sessions of the Seventy-fifth General Assembly a number of 
important amendments were made. In the session of the Seventy- 
sixth General Assembly, just adjourned, by the passage on April 25, 
1904, of Senate Bill Number 57, by Mr Harrison, commonly called 
the "school code bill," so many changes have been made that an 
urgent necessity exists for getting out and distributing a new edition 
at once. The foot notes and citations of the edition of 1900 are not 
repeated ; nor has there been any attempt in this edition to give to 
the public, as much as it is to be desired, any comments on or ex- 
planations of the law. The object of this edition is to transmit 
the present school law and the appropriate forms and instructions 
to the public at the earliest date possible. In a way the present 
compilation is to be regarded as a temporary expedient to meet an 
emergency. 

Lewis D. Bonebrake, 
State Commissioner of Common Schools. 
May 5, 1904. 



CONSTITUTION Or OHIO 



RELATING TO 

PUBLIC SCHOOLS. 



ARTICLE I. 



Sec, 7. [Of the rights of conscience; necessity of religion and 
knowledge.] * * * Religion, morality and knowledge, however, 
being essential to good government, it shall be the duty of the general 
assembly to pass suitable laws to protect every religious denomination 
in the peaceable enjoyment of its own mode of public worship, and to 
encourage schools and the means of instruction. 

"The .system of public education in Ohio is the creature of the Constitution and 
statutoi-y laws of the state. It is left to the discretion of the greneral assembly, in the 
exercise of the g-eneral legislative power conferred upon it (Art. II, § 1), to determine 
what laws are 'suitable' to secure the organization and management of the contemplated 
system of common schools, without express restriction, except that 'no religious or 
other sect or sects shall ever have any exclusive right to, or icontrol of, any part of the 
school funds of this state.' " 21 O. S., 198-205; Day, J. 

The compulsory edufcation law comes within this section. 5 C. C, 645. 

ARTICLE IL 

Sec. 26. [What laws to have uniform operation.] All laws of a 
general nature, shall have a uniform operation throughout the state ; 
nor, shall any act, except such as relates to public schools, be passed, 
to take efifect upon the approval of any other authority than the gen- 
eral assembly, except, as otherwise provided in this Constitution. 

ARTICLE VL 

Sec. I. [Funds for educational and religious purposes.] The 

principal of all funds, arising from the sale, or other disposition of 
lands, or other property, granted or intrusted to this state for educa- 
tional and religious purposes, shall forever be preserved inviolate, 
and undiminished ; and, the income arising therefrom, shall be faith- 
fully applied to the specific objects of the original grant, or appro- 
priations. 

Sec. 2. [School funds.] The general assembly shall make such 
provisions, by taxation, or otherwise, as, with the income arising from 
the school trust fund, will secure a thorough and eiificient system of 
common schools throughout the state ; but no religious or other sect, 



6 CONSTITUTION OF OHIO. 

or sects, shall ever have any exclusive right to, or control of, any part 
of the school funds of this state. 

Religious instruction, or the reading- of the Bible in the public schools, is not re- 
quired by the Constitution. The board of education have the sole management of the 
schools, and the courts cannot direct what instruction shall be given or what books read. 
23 O S 211 

A requirement of a board of education that the Bible be read in the schools as an 
opening exercise cannot be interfered with by the courts, and is not in violation of any 
constitutional rights. IN. P., 140. 

It is an unlawful diversion of the school funds of the state of Ohio for a board of 
education to authorize the teaching of religion as a regular branch of study. Attorney 
General. 

ARTICLE XII. 

Sec. 2. [Taxation by uniform rule.] Law^s shall be passed, by 
taxing by a uniform rule, all moneys, credits, investments in bonds, 
stocks, joint stock companies, or otherw^ise ; and also all real and per- 
sonal property, according to its true value in money; but burying 
grounds, public school houses, houses used exclusively for public wor- 
ship, institutions of purely public charity, public property used ex- 
clusively for any public purpose, and personal property, to an 
amount not exceeding in value two hundred dollars, for each in- 
dividual, may, by general laws, be exempted from taxation ; but all 
such laws shall be subject to alteration or repeal; and the value of 
all property, so exempted, shall, from time to time, be ascertained and 
published, as may be directed by law. 

School property is not liable to assessment for street improvement; nor can a 
judgment be rendered against the board of education for the p;ayment of theassessment 
out of its contingent fund. 48 O. S., 83. 

Sidewalk— School property not assessable for. 48 O. S., 87. 



INTERPRETATION OF STATUTES. 



INTERPRETATION OF STATUTES. 



Sec. 23. R. S. [Interpretation of certain words.] In the inter- 
pretation of Parts First and Second, unless the context shows that an- 
other sense was intended, the word "bond" includes an "undertaking," 
and the word "undertaking" includes a "bond" ; "and" may be read 
"or," and "or" read "and," if the sense requires it ; woifds of the present 
include a future tense, in the masculine, include the feminine and 
neuter genders, and in the plural include the singular and in the 
singular include the plural number ; but this enumeration shall not 
be construed to require a strict construction of other words in said 
Parts, or in this Code. 

A construction which gives effect to every section and clause 
must be favored, i O., 381, 385; 2 O., 395, 398; 17 O. S., 52, 68; 3 O., 
187, 193 ; 5 O., 48, 51 ; 2 O. S., 147, 151. 

Each part rhust harmonize with each other, and a construction of 
one clause which will neutralize another cannot be correct. 3 O., 187, 
193; 2 O., 395, 398; 5 O., 48, 51. 

What is plainly implied in a statute is as much a part of it as what 
is expressed. 50 O. S., 330. 

The ordinary and natural import of words consistent with the 
common sense of the community is to be adopted in arriving at leg- 
islative intent. 5 O., 65, 71 ; 25 O. S., 26, 28. 

In considering questions arising under the school legislation of 
the state, such construction should be placed upon its various en- 
actments, and the several provisions thereof, as will give harmony 
to our educational system, and secure, as far as practicable, its equal 
benefits, and the reasonable facilities for their enjoyment to every 
locality. 21 O. S., 339. 

Penal statutes must be construed strictly, and cannot be ex- 
tended by implication to cases not strictly within their terms. 20 O., 
7; i^ O., II ; 38 O. S., 659; 44 O. S., 347. 

While the opinion of the state commissioner of common schools 
cannot have the force of a judicial interpretation, it is of great 
force as the opinion of an eminent educator, v^^ho was at the head 
of the school system of the state, and presumably familiar with the 
necessities of the schools. 2 C. C, 366; Stewart, J. 



REVISED STATUTES or oniO 



PART riRST-TITLE III 



CHAPTER XIII. 



STATE COMMISSIONER OF COMMON SCHOO'L,S. 



Section. 

354. State commissioner of 

schools; election and 

proviso. 
Bond. 



common 
term of; 



355. 
356. 



357. 
358. 



359. 



360. 



His office; books and papers; prohibi- 
tions. 

His duties to teachers' institutes, etc. 

His supervision over school funds and 
school officers. 

Shall prepare and transmit forms and 
instructions. 

Shall cause school laws, with forms, 
etc., to be printed and distributed. 



Section. 

361. Annual report of commissioner of 

schools. 
3G2. What the report shall contain. 

363. Shall require reports from private 

schools, etc. 

364. His duty on complaint of fraudulent 

use of money; appointment of ex- 
aminer. 

365. Powers, duties, and compensation of 

examiner. 



366. 



Duty of judge and prosecuting at- 
torney. 



Sec. 354. [State commissioner of common schools; election and 
term of; proviso.] There shall he elected triennially, at the general 
election for state officers, a state commissioner of common schools, 
who shall hold his office for the term of three years from the second 
Monday of July succeeding his election ; and in case of a vacancy 
occurring by death, resignation, or otherwise, the governor shall fill 
the same by appointment. Provided, that the state commissioner of 
common schools now in office shall continue to hold his office until 
three years from the second Monday of July succeeding his election. 
(1884, March 27; 81 v. 89; Rev. Stat. 1880; 70 v. 195, § 102; S. & C, 
1362.) 

Sec. 355. [His official bond, and oath.] Before entering upon 
the discharge of his official duties, the commissioner shall give bond 
in the sum of five thousand dollars to the state, with two or more 
sureties, to the acceptance of the secretary of state, conditioned that 
he will truly account for and apply all moneys or other property 
which may come into his hands in his official capacity, and that he 
will faithfully perform the duties enjoined upon him according to 
law ; which bond, with his oath of office indorsed thereon, shall be 
filed with the treasurer of state. (70 v. 195, § 103; S. & C. 1362.) 

Sec. 356. [Office; books and papers; prohibitions.] The books 
and papers of his department shall be kept at the seat of government 
where a suitable office shall be furnished by the state, at which he 



10 OHIO SCHOOL LAWS. 



Ch. 13. State Commissioner of Common Schools. • 

shall give attendance not less than ten months in each year, except 
when absent on public duty ; and he shall not, while holding the office 
of state commissioner of common schools, perform the duties of 
teacher or superintendent of any public or private school, or be em- 
ployed as teacher in any college, or hold any other office or position 
of emolument. (90 v. 13; 70 v. 195, § 104; S. & C, 1362.) 

Sec. 357. [His duties in visiting the several judicial districts.] 
The commissioner shall visit annually, each judicial district of the 
state, superintending and encouraging teachers' institutes, conferring 
with boards of education or other school officers, counseling teachers, 
visiting schools and delivering lectures on topics calculated to sub- 
serve the interests of popular education. (70 v. 195, § 105 ; S. & C, 
1362.) 

Sec. 358. [His supervision over school funds ; may require reports 
from certain officers.] He shall also exercise such supervision over 
the educational funds of the state as is necessary to secure their safety 
and right application and distribution according to law. He has 
power to require of county auditors, boards of education, clerks and 
treasurers of boards of education, or other local school officers, and 
county treasurers, copies of all reports by them required to be made, 
and all such other information in relation to the funds and condition 
of schools and the management thereof as he deems important. (70 
V. 195, § 106; S. & C, 1362.) 

Sec. 359. [Shall prepare forms, etc.] He shall prescribe suitable 
forms and regulations for making all reports and conducting all neces- 
sary proceedings under the school laws, and cause the same, with such 
instructions as he deems necessary and proper for the organization 
and government of schools, to be transmitted to the local school offi- 
cers, who shall be governed in accordance therewith. (70 v. 195, 
§io7;S. &C., 1363.) 

Sec. 360. [Duties as to distribution of school laws, etc.] He 
shall cause as many copies of the laws as are necessary, relating to 
schools and teachers' institutes, with an appendix of appropriate forms 
and instructions for carrying into execution all such laws, to be 
printed in a separate volume, and distributed to each county with the 
laws, journals, and other documents, for the use of the school officers 
therein, as often as any change in the laws is made of sufficient im- 
portance, in the opinion of the commissioner, to require a republi- 
cation and distribution thereof. (70 v. 195, § 108; S. & C, 1363.) 

Sec. 361. [Annual report of commissioner of schools.] He shall 
make an annual report, on or before the fifteenth day of November, to 
the general assembly, when that body is in session, and when not in 



OHIO SCHOOL LAWS. 11 



State Commissioner of Common Schools. Ch. 13. 

session the report shall be made to the governor, who shall cause the 
same to be published, and shall also communicate a copy thereof to 
the general assembly at the beginning of the next session. (1888, Apr. 
11: 85 V. 192; Rev. Stat. 1880; 70 v. 195, § 109; S. & C, 1363.) 

Sec. 362. [What it shall present.] In his annual report he shall 
present a statement of the condition and amount of all funds and 
property appropriated to purposes of education ; a statement of the 
number of common schools in the state, the number of scholars 
attending such schools, their sex, and the branches taught ; a state- 
ment of the number of private or select schools in the state, so far 
as the same can be ascertained, and the number of scholars attending 
such schools, their sex, and the branches taught; a statement of the 
number of teachers' institutes, and the number of teachers attend- 
ing them, and the number of instructors and lecturers, and the amount 
paid to each ; a statement of the estimates and accounts of the expen- 
ditures of the public school funds of every description; a statement 
of plans for the management and improvement of common schools, 
and such other information relative to the educational interests of the 
state as he deems of importance. (70 v. 195, § no; S. & C, 1363.) 

Sec. 363. [Shall require reports from private schools, etc. He 
shall, annually, require of the president, manager, or principal of every 
seminary, academy, and private school, a report of such facts, arranged 
in such form as he prescribes, and shall furnish blanks for such reports; 
and it is madethe duty of every such president, manager, or principal, 
to fill up and return such blanks within the time the commissioner 
directs. (73 v. 225, § i.) 

Sec. 364. [Duties of commissioner on complaint of fraudulent use 
of money, etc. ; appointment of accountant to investigate charges.] 
When a complaint is made to the state commissioner of common 
schools, in writing, verified by the affidavits of at least three free- 
holders and taypayers, resident of any school district in the state, 
and bearing the certificate of the auditor or auditors of the respective 
county, or counties, in which said district is located, that said affiants 
are freeholders and taxpayers, alleging that they have good reason to 
and do believe that any portion of the school fund of such district ha^ 
been expended, or is being expended, contrary to law, or has been 
fraudulently, unlawfully, or corruptly used, or misapplied, by any oi 
the officers of such district, or that there have been fraudulent entries 
in the books, accounts, vouchers, or settlement sheets thereof, by any 
such officers, or that any of such officers have not made settlements of 
their account as required by law, or whenever from information filed 
in his office, or from other cause, the state commissioner of common 



12 OHIO SCHOOL LAWS. 



Ch. 13. State Commissioner of Common Schools. 



schools may deem it necessary for the safety and security of the public 
funds of any school district, situated in the state of Ohio, he is 
authorized and required to appoint some trustworthy and competent 
accountant, for the purpose of investigating such complaint, or alle- 
gations, who after being duly commissioned by said state commis- 
sioner of common schools and sworn by any person authorized by 
law to administer oaths, shall forthwith visit such school district and 
take possession of all the books, papers, vouchers and accounts of 
such district and investigate the truth of the allegations of such com-- 
plaint, and the condition of the school fund of such district; and the 
several officers of such school district, on the application of such 
examiner, shall immediately place in his possession all their books, 
accounts, contracts, vouchers, and other papers having reference to 
the receipts and disbursements of the school funds ; and the county 
auditor and treasurer shall give such examiner free access to all the 
records, books, papers, vouchers, and accounts of their respective 
offices having reference to the object of such investigation, and said 
examiner is authorized, by and with the written consent of the prose- 
cuting attorney, or the judge of the court of common pleas of the 
county in which such district is located, to require the assistance of 
the official stenographer of said county, in making such examination ; 
and said stenographer shall receive only such compensation and in the 
manner provided in section 478, Revised Statutes, upon the certificate 
of the prosecuting attorney of said county. (94 v. 312; 72 v. 82, §1.) 
Sec. 365. [Powers and duties of examiner; his compensation; 
payment thereof.] Such examiner shall have authority to call before 
him forthwith, upon written notice, and examine witnesses, under oath, 
to be administered by him ; and he shall immediately after completing 
such investigation, report in writing, in duplicate, setting forth the 
condition of the books, vouchers, and accounts of such district, the 
amount of school funds received for any and all purposes, and from 
whatever source, the amount expended, and for what, and the amount 
actually in the treasury, one copy of which report he shall file in the 
office of the clerk of the court of common pleas of the county in which 
such district is situate, and the other copy he shall transmit to 
the state commissioner of common schools at Columbus ; and the 
examiner so appointed and performing the duties herein required, 
shall receive as compensation a per diem of five dollars for each day 
necessarily engaged in the performance of his duties, and shall also 
receive five cents for each mile by him necessarily traveled in that 
behalf; but no mileage shall be allowed for a greater distance than 
from Columbus to such district ; and such compensation and mileage 



OHIO SCHOOL LAWS. 13 



State Commissioner of Common Schools. Ch. 13. 

shall be paid out of the county treasury upon the warrant of the 
county auditor, and if the investigation establish the truth of any 
material allegation in such complaint, then such amount so paid shall 
be assessed by the county auditor upon the taxable property of the 
district, to be collected as other taxes are for the use of such county 
treasurer. (94 v. 313; 72 v. 82, § 2.) 

Sec. 366. [Adverse report of examiner to be given in charge to 
the grand jury ; duty of prosecuting attorney.] The judge of the court 
of common pleas of the proper county shall examine the report so 
filed in the clerk's office, as provided in section three hundred and 
sixty-five, and if it appear therefrom that any part of the common 
school fund has been fraudulently, unlawfully, or corruptly used or 
misapplied, or that there has been fraud in any of the entries, accounts, 
vouchers, contracts, or settlements, or that the settlements have not 
been made as required by law, or that there appears any defalcation or 
embezzlement on the part of any of the officers of such school district, 
he shall give the report specially in charge to the grand jury at the 
term of the court of common pleas next after the filing of the same; 
and the prosecuting attorney of such county shall forthwith institute 
and carry forward such proceedings, civil or criminal, or both, against 
the delinquent officer or officers of such district as is authorized by law. 

{^2 V. 82, § 3.) 



PART SECOND— TITLE III. 



SCHOOLS. 



7 



Chapter 
Chapter 
Chapter 
Chapter 
Chapter 
Chapter 
Chapter 
Chapter 8 
Chapter 9 
Chapter 10 
Chapter 11 
Chapter 12 
Chapter 13 
Chapter 13a. 
Chapter 14 
Chapter 15 



Classification and Change of Districts. 

City School Districts. 

Village School Districts. 

Township School Districts. 

Special School Districts. 

School Funds. 

Provisions Applying to all Boards. 

School Houses and Libraries. 

Schools and Attendance Enforced. 

Enumeration, Treasurer, and Clerk. 

Reports. 

Boards of Examiners. 

Teachers' Institutes. 

State Normal Schools. 

Universities. 

Schools Specially Endowed. 



CHAPTER I. 



CLASSIFICATION AND CHANGE OP DISTRICTS. 



Section. 



3885. 
3886. 

3887. 



3890. 



Classification of scliool districts. 

City school districts. 

Repealed. 

Village school districts. 

Chang-e of classification In certain 
cases; terms of members of boards 
of education when classification is 
changed; village districts abolished 
by surrender of corporate power 
of municipality. 

Township school districts. 



Section. 

3891. Special school districts. 

Territory must be contiguous. 
Annexation of territory to cities and 

villages. 
Transfer of territory by agreement 

between boards of education. 
Transfer of territory by proceedings 

in probate court. 
Division of funds and indebtedness 

when territory is transferred or 

annexed. 



3892. 
3893. 



3894. 



3895. 



3896. 



Sec. 3885. [Classification of school districts.] The state is hereby 
divided into school districts to be styled respectively, city school 
districts ; village school districts ; township school districts ; and special 
school districts. (Passed and Approved April 25, 1904.) 



OHIO SCHOOL LAWS. 15 



Classification and Change of Districts. Ch. 1. 

Sec. 3886. [City school districts.] Each incorporated city, now 
existing or hereafter created, together with the territory attached to 
it for school purposes, and excluding the territory within its corporate 
limits detached for school purposes, shall constitute a city school 
district. (Passed and approved April 25, 1904.) 

Sec. 3887. Repealed April 25, 1904. 

Sec. 3888. [Village school districts.] Each incorporated village 
now existing or hereafter created, together with the territory attached 
to it for school purposes, and excluding the territory within its cor- 
porate limits detached for school purposes, shall constitute a village 
school district. (Passed and approved April 25, 1904.) 

Sec. 3889. [Change of classification in certain cases; terms of 
members of boards of education when classification is changed; 
village districts abolished by surrender of corporate power of munici- 
pality.] When a village is advanced to a city, the village school dis- 
trict shall thereby become a city school district; when a city is reduced 
to a village the city school district shall thereby become a village 
school district. The members of the board of education in village 
school districts that are advanced to city school districts, and in city 
school districts that are reduced to village school districts, shall con- 
tinue in office until succeeded by the members of the board of edu- 
cation of the new district, who shall be elected at the next succeeding 
annual election for school board members. Upon the creation and 
incorporation of a village, the same shall thereby become a village 
school district, and if said village was, previous to its creation and 
incorporation, included within the boundaries of a special school dis- 
trict but said special district included more territory than is included 
within the village limits, said territory shall be, and thereby is, at- 
tached to said village school district for school purposes ; when a vil- 
lage surrende'rs its corporate powers the village school district shall be 
thereby abolished and the territory formerly constituting said village 
district shall become a part of the township school district or districts 
of the civil township or townships in which it is situated, and all school 
property shall pass to and become vested in the township board of 
education of the civil township in which it is situated; the provisions 
of section 1536-4 of the Revised Statutes of Ohio in regard to the 
settlement of the affairs of a village that has surrendered its corporate 
powers shall also apply to the village school district and the board of 
education of the same, and in case the village school district is situated 
in two or more townships any distribution of funds shall be made in 
proportion to the total tax valuation of the property situated in the 
several townships. (Passed and approved April 25, 1904.) 



16 OHIO SCHOOL LAWS. 



Cli. 1. Classification and Change of Districts. 



Sec. 3890. [Township school districts.] Each civil township 
together with the territory attached to it for school purposes, and ex- 
cluding the territory within its estabhshed limits detached for school 
purposes, shall constitute a township school district. (Passed and 
approved April 25, 1904.) 

Sec. 3891. [Special school districts.] Any school district, now 
existing, other than a city, village or township school district, and any 
school district organized under the provisions of chapter 5 of this 
title, shall constitute a special school district. (Passed and approved 
April 25, 1904.) 

Sec. 3892. [Territory must be contiguous.] The territory in- 
cluded within the boundaries of any city, village or special school 
district shall be contiguous. (Passed and approved April 25, 1904.) 

Sec. 3893. [Annexation of territory to cities and villages.] 
Whenever territory is annexed to a city or village, such territory 
thereby becomes a part of the city or village school district and the 
legal title to all school property in said territory shall be thereby 
vested in the board of education of such city or village school district. 
(Passed and approved April 25, 1904.) 

Sec. 3894. [Transfer of territory by agreement between boards 
of education.] A part or the whole of any school district may be 
transferred to an adjoining school district by the mutual consent 
of the boards of education having control of such district; to secure 
such consent it shall be necessary for each of said boards to pass a 
resolution indicating the action taken and definitely describing the 
territory to be transferred, and the passage of said resolution shall 
require a majority vote of the full membership of each board, to be 
taken by a yea and nay vote and the vote of each member to be 
entered on the records of such boards; but such transfer shall not 
take effect until a map showing the boundaries of the territory trans- 
ferred is placed upon the records of such boards, and copies of the 
resolution certified to the president and clerk of each board, 
together with a copy of said map, is filed with the auditor or auditors 
of the county or counties in which such transferred territory is 
situated. (Passed and approved April 25, 1904.) 

Sec. 3895. [Transfer of territory by proceedings in probate 
court.] Territory can also be transferred from one school district 
to another in the following manner: A petition signed by not less 
than one-half of the qualified male citizens who are electors residing 
in the territory sought to be transferred and accompanied by a cor- 
rect map of said territory, shall be filed with the clerks of the boards 
of education interested and if such boards of education fail or refuse to 



OHIO SCHOOL LAWS, 17 



Classification and Change of Districts. Ch. 1. 

transfer such territory by mutual consent, as provided for in section 
thirty-eight hundred and ninety-four of the Revised Statutes of Ohio, 
within sixty days after the fiHng of said petition and map, the petitioner 
shall file a copy of said petition and map in the p"obate court of the 
county in which such territory is situated, or if the territory be in two 
or more counties, in the probate court of the county containing the 
largest proportionate share of the territory to be transferred ; the peti- 
tions [petitioners] shall be required to give satisfactory security for the 
costs in the sum of one hundred dollars, conditioned that the sureties 
shall pay all the costs in case the transfer is not granted ; the probate 
judge shall thereupon fix a day for the hearing of said petition and 
shall cause to be published for four consecutive weeks, in two news- 
papers of opposite politics, printed and of general circulation in the 
county, a notice of the filing of such petition and of the time of the 
hearing, and he shall also notify the clerks of the boards of education 
interested of the filing of the petition and the time of hearing; the 
probate judge is authorized and empowered to hear and determine 
the case and. give judgment for or against such transfer and his judg- 
ment shall be final. In case the finding is against the transfer, judg- 
ment shall be rendered against the petitioners for the costs of the pro- 
ceedings, and if the finding is for the transfer, judgment shall be 
rendered against each of the boards of education interested for one- 
half of the costs, or if more than two boards are interested judgment 
shall be rendered against each for its equal proportionate share of 
the costs. A certified copy of the findings of the court, together with 
a copy of the map of the territory transferred, shall be filed in the 
office of the county auditor by the probate judge. (Passed and ap- 
proved April 25, 1904.) 

Sec. 3896. [Division of funds and indebtedness when territory 
is transferred or annexed.] When territory is transferred from one 
school district to another under the provisions of section 3894 of the 
Revised Statutes of Ohio, the equitable division of funds or indebted- 
ness shall be determined upon at the time of the transfer. When 
territory is transferred from one school district to another by pro- 
ceedings in the probate court, or by the annexation of territory to 
a city or village, the proper division of funds in the treasury, or in 
the process of collection, of the board of education of the school dis- 
trict from which the territory is detached, shall, upon application to 
the probate court of the county in which such territory is situated by 
either board of education interested, be determined and ordered by 
said court ; in case said board of education is indebted, such indebted- 
ness together with the proper amount of money to be paid to said 

2-S. L. 



18 OHIO SCHOOL LAWS. 



Ch. 1. Classification and Change of Districts. 

board of education by the board of education of the school district 
to which the territory is transferred, annexed, or the district created, 
shall be, in a like manner, determined and ordered by said court. 
If the territory is situated in two or more counties the application 
and proceedings shall be had in the probate court of the county con- 
taining the largest proportionate share of said transferred territory. 
The findings of the probate court shall be final. (Passed and approved 
April 25, 1904.) 



OHIO SCHOOL LAWS. 



19 



City School Districts. 



Ch. 2. 



CHAPTER 11. 



CITY SCHOOL DISTRICTS. 



3897. 



3897a.. 



3897b. 



3897c. 
3897d. 



3897c. 
3897^. 



Boards of education in city dis- 
tricts; number of members; ex- 
isting boards to fix number of 
members and divide city into 
sub-'dis/tricts ; re-districting; 

when board fails to divide into 
districts ; first election, how con- 
ducted; elections held there- 
after; change in membership of 
board. 

Organization; meetings; president; 
clerk; nomination by petition. 

Trustees of school teachers' pen- 
sion fund; number, election and 
term. 

How fund created. 

Retirement and pension of teach- 
ers; meaning of term "teacher"; 
amount of pension; wlio not en- 
titled to pension; how, when 
fund insufficient to pay pensiona. 

Use of principal and income. 

Monthly certifications of deductions 
from salaries. 



3897.f/. Who custodian of fund; duties. 

3897/t. Rebate in case of resignation or 
removal; heirs; legatees or as- 
signs of deceased teacher en- 
titled to half amount paid. 

3897i. Rules and regulations. 

3897y. Transfer of fund now existing to 
trustees herein created. 

3897/t-. DeductioMs, fines, penalties and as- 
se.ssments, disposition of. 

3897i. Board of education may contribute 
to pension fund. 

3898. Attached territory, assignment of 

and voting in. 

3899. Repealed. 

3900. Re-districting of city districts. 

3901. Schools for deaf children. 
.3902. Repealed. 

3903. Repealed. 



Sec. 3897. [Boards of education in city districts; number of 
members.] In city school districts the board of education shall 
consist of npt less than two members nor more than seven members 
elected at large, by the qualified electors of the school district, and of 
not less than two members nor more than thirty members elected 
from sub-districts by the qualified electors of their respective sub- 
districts ; provided that in city school districts which at the last 
preceding federal census contamed a population of not less than fifty 
thousand persons, the board of education shall consist of not less 
than three members nor more than seven members elected at large, 
by the qualified electors of such city school districts. 

[Existing boards to fix number of members and divide city into 
sub-districts.] Not later than the first day of July next, after the 
passage of this act, the present city school board, board of education, 
school council or other city school legislative body, shall pass a reso- 
lution fixing, within the limits prescribed by this act, the number of 
members of said board of education to be elected at large, and in city 
school districts where there are members of the board of education to 
be elected from sub-districts, they shall also, at the same time, fix 
the number of members of the board of education to be elected by 
such city sub-districts. The said city school board, board of education, 
school council or other city school legislative body, in city school dis- 
tricts where there are members of the board of education to be elected 



20 



OHIO SCHOOL LAWS. 



Ch. 2. City School Districts. 



from sub-districts, shall, at the same time, to-wit: Before the first day 
of July next, after the passage of this act, subdivide said city school 
district into sub-districts equal in number to the number of members 
of the board of education in said city school district who are to be 
elected from sub-districts therein .established. Said sub-districts 
shall be bounded as far as practicable by corporation lines, streets, 
alleys, avenues, public grounds, canals, water courses,ward boundaries, 
voting precinct boundaries or present school district boundaries, and 
shall be as nearly equal in population as possible, and shall be com- 
posed of adjacent and as compact territory as possible. The lines of 
sub-districts so fixed shall not be changed until after each succeeding 
federal census. 

[Redistricting.] Within three months after the official announce- 
ment of the result of each succeeding federal census the board of edu- 
cation of each city school district shall redistrict the said city school 
district into sub-districts in accordance with the provisions of this act. 

[When board fails to divide into districts.] If the city school 
board of education, school council, or other city school legislative body 
shall fail to district or redistrict said city school district as herein re- 
quired, at the time or times herein specified, then and in that event, up- 
on the application of the president of the board of education the state 
commissioner of common schools shall, subject to the requirements 
of this act, forthwith district, or re-district said city school districts. 

[First election; how conducted.] Provided also, that school sub- 
districts shall be numbered from one up, consecutively, and that a,' 
the first election for members of the board of education held after 
the passage of this act, the members to be elected to the board of edu- 
cation from sub-districts of odd numbers beginning with one, shall 
be elected for two years, and those elected from sub-districts of even 
numbers shall be elected for four years, and at the expiration of their 
respective terms their successors shall be elected for a term of four 
years ; and provided further, that at the said first election the members 
of the board of education at large in all city school districts shall be 
elected for terms as follows : If there be but two members of the 
board of education elected at large, one shall be elected for two years 
and one for four years, and if there be more than two, and the number 
thereof divisible by two, the one-half of such board shall be elected for 
two years and one-half for four years but if the whole number of 
members elected at large be not divisible by two, then the number to 
be elected for two years shall be the quotient obtained by dividing the 
whole number to be elected at large, less one, by two, and the remain- 
ing members shall be elected for four years. 



OHIO SCHOOL LAWS, 21 



City School Districts. Ch. 2. 



[Elections held thereafter; change in membership of board.] 

At the expiration of their respective terms their successors shall 
be elected for four years. Members elected at large must be electors 
of the city school district, and members elected from sub-districts 
must be electors of the city sub-districts from which they are chosen, 
or of the territory attached to the sub-district for school purposes ; 
a removal from said sub-districts, territory or city school district 
shall vacate said office. The number of members of the board of edu- 
cation shall not be changed, except at the time of the redistricting 
herein provided for, within three months after the official announce- 
ment of the result of the federal census. All members of boards 
of education of city school districts, herein provided for shall be elected 
at the same time and in the same manner as municipal officers are 
elected. (Passed and approved April 25, 1904.) 

Sec. 3897a. [Organization; meetings; president; clerk; nomina- 
tion by petition.] Boards of education in city school districts shall 
organize on the first Monday in January after the election held for 
members of the board of education by the election of one of their 
members as president and the election of a clerk, who may or may 
not be a member of the board, the president to be elected for one year 
and the clerk to be elected for a term not to exceed two years ; they 
shall fix the time of holding regular meetings. Upon the organi- 
zation of the first boards Of education elected under this act, the 
previously existing boards of education are thereby abolished and 
said newly elected boards shall be their successors in all respects. 
Not less than fifteen days before the election of members of boards of 
education, nominations of candidates therefor may be made by 
nomination papers, signed in the aggregate for each candidate by not 
less than twenty-five qualified electors of either sex of the school dis- 
trict, except that in city school districts such nomination papers shall 
be signed by petitioners not less in number than one for every one hun- 
dred persons who voted at the next preceding general election in such city ; 
and whenever each of such candidates shall be so nominated and his 
or their names shall be presented to the county board of deputy state 
supervisors of elections of the county in which such district is situ- 
ated not less than fifteen days prior to the ensuing election, the said 
board of deputy state supervisors of elections shall publish on two 
different days prior to such election the names of such candidates in 
two newspapers of opposite politics in the school district, if there be 
such printed and published therein, or, if no newspaper is printed 
therein, by posting such list of names in at least five public places in 
the school district. (Passed and approved April 25, 1904.) 



22 oaio SCHOOL laws. 



Ch. 2. City School Districts. 



Sec. 3897b. [Trustees of school-teachers' pension fund; number, 
election and term.] Whenever the board of education of any school 
district shall declare by resolution, adopted by a majority vote of 
the members of said board, that it is advisable to create a school- 
teachers' pension fund for such school district, said school-teachers' 
pension fund shall be under the charge, management and control of 
a board to be know^n as the board of trustees of the school-teachers' 
[pension fund for such school] district, which board shall be com- 
posed of not less than three, nor more than seven, members, as said 
board of education shall by resolution declare ; if composed of less 
than five members, one of the members of said board of trustees 
of the school-teachers' pension fund of such school district shall be 
elected by the board of education of such school district, and the re- 
maining members by the teachers of the public schools, including the 
teachers of any high schools, of such district, who have accepted the 
provisions of this act, as hereinafter provided ; if such board is to 
be composed of five or more members, two of the members of said 
board of trustees of said school district shall be elected by the board 
of education of such school district, and the remaining members by 
the teachers of the public schools, including the teachers of any high 
schools of such school district, who have accepted the provisions 
of this act, as herein provided ; such election of the members of said 
board by the teachers to be at a meeting called by the superintendent 
of schools of such school district, the first election to be at a meeting to 
be called by such superintendent when one-third of the teachers of the 
public schools of such school district shall have accepted the provisions 
this act; the members of said board of trustees of the school-teach- 
ers' pension fund shall be elected for such length of time as the 
board of education of such school district shall by resolution declare, 
to serve not less than one, nor more than three, years, and shall 
serve imtil their successors are elected and qualified, such service 
to be without compensation. (92 v. 149; 94 v. 306; 95 v. 610.) 

Sec. 3897c. [How fund created.] Whenever the board of edu- 
cation of any school district shall have declared the advisability of 
creating a school-teachers' pension fund, as herein provided, the 
clerk of said board of education shall notify each and every teacher 
in the public schools and high schools, if any, of said school district, 
by notice in writing of the passage of such resolution, and require 
said teachers to notify said board of education in writing within 
thirty days from the date of said notice whether they consent or 
decline to accept the provisions of this act; and from and after the 
election of the board of trustees herein provided for, the sum of 
two dollars ($2) shall be deducted by the proper officers from the 



OHIO SCHOOL LAWS. 23 



City School Districts. Ch. 2. 



monthly salary of each teacher who may have accepted the provisions 
of this act, and from the salary of such new teachers as may here- 
after accept the same, as herein provided, said sum to be paid into 
and applied to the credit of said school-teachers' pension fund, and 
shall continue to so deduct said sum during the remainder of the 
term of service of said teacher. All teachers hereafter appointed 
in said public schools, or high schools, if any, in said school district, 
shall be notified within thirty days after their appointment by the 
clerk of such board of education of the election of said board of 
trustees of said school-teachers' pension fund, and they shall be 
required to notify said board of education within six months there- 
after whether they consent or decline to accept the provisions of 
this act. All moneys received from donations, legacies, gifts, be- 
quests or from any other source shall also be paid into said fund, 
or into a permanent fund, and if paid into a permanent fund, the 
interest only of said fund shall be applied to the payment of pensions. 
Said board of trustees shall have power to invest said pension 
fund in the name of said board in bonds of the United States, or the 
state of Ohio, or of any county in this state, or of any municipal 
corporation in this state, or of any school district in this state ; and 
said board shall have power to make payments from said pension 
fund for pensions granted in pursuance of this act. Said board of 
trustees shall also have power from time to time to make and estab- 
lish such rules and regulations for the administration of said pen- 
sion fund as they shall deem best. (92 v. 152; 95 v. 610.) 

Sec. sSgyd. [Retirement and pension of teachers; meaning of 
term "teacher" ; amount of pension ; who not entitled to pension ; how, 
when fund insufficient to pay pensions.] Said board of education of 
said school district, and any union board, or other separate board, if 
any, having the control and management of the high schools of said 
school district, shall each of them have power by a majority vote of all 
the members composing said board to retire on account of physical or 
mental disability, any male or female teacher under such board who 
shall have taught for a period aggregating twenty (20) years, whether 
before or after, or partly before or after, the passage of this act ; 
provided, however, that three-fifths of said period of service shall 
have been rendered by said beneficiary in the public schools or high 
schools of said school district, or in the public schools or high schools 
of the county in which said school district is located, and the re- 
maining two-fifths of said period of service in the public schools 
of this state or elsewhere. "The term 'teacher' under this act, shall 
include all teachers regularly employed by either of said boards in 
the day schools, including the superintendents of schools, all super- 



2i OHIO SCHOOL LAWS. 



Ch. 2. City School Districts. 



intendents of instructor!, principals, and special teachers, and in 
the estimation of years of service, only service in public day schools 
or day high schools, supported in whole or in part by public taxa- 
tion, shall be considered. Any teacher shall have the right to retire and 
become a beneficiary under this act who shall have taught for a period 
aggregating thirty (30) years, whether before or after, or partly be- 
fore or after, the passage of this act ; provided that three-fifths of 
said term of service shall have been rendered in the public schools 
or in the high schools of said school district, or in the public schools 
or high schools of the county in which said district is located, and 
the remaining two-fifths of said term of service in the public schools 
of this state or elsewhere. Each teacher so retired or retiring shall 
be entitled during the remainder of his or her natural life to receive 
as pension, annually, the sum of ten dollars ($10) for each and 
every year of service rendered as teacher, but in no event shall such 
pension paid to any teacher exceed the sum of five hundred dollars 
($500) in any one year, and said pensions shall be paid monthly 
during the school year ; but in no event shall such pension be paid 
to any teacher until such teacher shall contribute, or shall have 
contributed, to said fund a sum equal to twenty dollars ($20) a year 
for each and every year of service rendered as teacher, but in no 
event shall this sum exceed six hundred dollars ($600) ; but should 
any teacher retiring be unable to pay the full amount of this sum 
before receiving a pension, the board of trustees shall, in paying the 
annual pension to such retiring teacher withhold on each month's 
payment twenty per cent, thereof, until the full amount as above 
provided shall have been thus contributed to the fund ; provided 
further, that if said pension fund shall at any time be insufficient to 
meet the pensions so provided for, that during the period that such 
fund is insufficient to make such payment, the amount in said fund 
during said period shall be pro-rated between the parties entitled 
thereto. (92 v. 153; 94 v. 307; 95 v. 611.) 

Sec. 3897^. [Use of principal and income.] Said board of trus- 
tees shall have the power to use both the principal and income of 
said fund for the payment of the premiums herein provided for, and 
the expense thereof. No portion of said pension fund shall, befa"e 
its distribution and payment by said board of trustees to the bene- 
ficiaries, be liable to be taken or subjected by any writ or legal 
process against the beneficiary. (92 v. 154; 95 v. 612.) 

Sec. 3897/, [Monthly certifications of deductions from salaries.] 
The clerk of the board of education of said school district, and the clerk 
of the union board of high schools, or other separate board having 
the control and management of the high schools of said school dis- 



OHIO SCHOOL LAWS. 25 



City School Districts. Ch. 2. 



trict, if any, shall each of them certify monthly to said board of trus- 
tees all amounts deducted from the salaries of the teachers as afore- 
said, which amounts, as well as all other moneys contributed to 
said fund, shall be set apart as a special fund for the purposes herein 
specified, subject to the order of said board of trustees. All moneys 
belonging to said fund shall be paid only on the order of said board 
of trustees, entered upon its minutes on warrants signed by the pres- 
ident and secretary of said board. (92 v. 154; 95 v. 612.) 

Sec. 3897^^ [Who custodian of fund; duties.] The treasurer of 
said school district shall be the custodian of said pension fund, and shall 
keep the same subject to the order, control and direction of said board 
of trustees. He shall keep books of accoimts concerning said fund 
in such manner ^s may be prescribed by said board, which books 
of account shall always be subject to the inspection of said board 
of trustees or of any member thereof. Said treasurer shall execute a 
bond to said board of trustees with good and sufficient sureties in such 
sum as said board of trustees shall require, which bond shall be sub- 
ject to the approval of said board and be conditioned for the faith- 
ful performance of his duties as custodian of said board and treasurer 
of said board. He shall always keep and truly account for all mon- 
eys and profits coming into his hands as such treasurer belonging 
to such fund, and at the expiration of his term of office shall pay 
over, surrender and deliver to his successor all securities, moneys and 
other property of whatsoever kind, nature and description which may 
be in his hands or under his control as treasurer aforesaid. Said 
treasurer shall be paid for his services under this act as compensation 
not to exceed one per cent, annually of the amount paid into said 
fund during the year. (92 v. 154; 95 v. 612.) 

Sec. 3897//. [Rebate in case of resignation or removal; heirs, lega- 
tees or assigns of deceased teacher entitled to half amount paid.] Any 
teacher who shall resign or be removed for cause, as aforesaid, shall, 
upon application within three (3) months after such resignation 
or removal takes effect, be entitled to receive one-half of the total 
amount paid by such teacher into such fund. In case of the death 
of any teacher, the "heirs, legatees or assigns of the deceased teacher 
shall be entitled to receive one-half of the total amount paid by such 
teacher into such fund upon application therefor, with proof of claim 
10 the satisfaction of the board of trustees. (92 v. 154; 94 v. 308; 95 
V. 613.) 

Sec. 3897/. [Rules and regulations.] The board of trustee shall 
make such rules and regulations as it may deem expedient or nec- 
essary for its government ; which rules and regulations must be 



26 



OHIO SCHOOL LAWS. 



Ch. 2. City School Districts. 



adopted, and when adopted, may be amended, by a vote of not less 
than two-thirds of all the members of said board of trustees. (94 v. 
308; 95 V. 613.) 

Sec. 38977. [Transfer of fund now existing to trustees herein creat- 
ed.] Upon the election and organization of a board of pension trustees 
under this act in any school district of this state, any school-teachers' 
pension fund heretofore created for said district under any former 
act, shall be transferred to the board of trustees created under this 
act by the board or persons having- control thereof ; and all benefi- 
ciaries now receiving pensions from the fund transferred as afore- 
said, shall continue to receive pensions under this act. (95 v. 613.) 

Sec. 3897/5. [Deductions, fines, penalties and assessments, dis- 
position of.] The board of education in any school district which 
has created, or shall hereafter create, a teachers' pension fund, shall 
pay monthly into said teachers' pension fund all deductions, fines, 
penalties and assessments made against any of the teachers or other 
employes of said board for violation of any of the rules or orders of 
the said board. (Passed and approved April 25, 1904.) 

Sec. 3897/. [Board of education may contribute to pension 
fund.] The board of education in any school district which has 
created or shall hereafter create, a teachers' pension fund, may pay 
semi-annually, out of the contingent fund of such school district, 
into said teachers' pension fund, not to exceed two per cent, of the 
gross receipts of said board of education raised by taxation to be 
applied to the payment of teachers' pensions as hereinbefore provided. 
(Passed and approved April 25, 1904.) 

Sec. 3898. [Attached territory, assignment of and voting in.] 
When territory is attached to a city school district for school pur- 
poses, it shall be the duty of the board of education to assign such 
territory to the sub-district or sub-districts adjoining the same, and 
a map showing such assignment shall be made a part of the record of 
the board ; the electors residing in said attached territory shall br 
entitled to vote for school officers and on all school questions ii) 
the sub-district to which they are assigned, and in the election pre 
cinct nearest their residence; and in case the bog,rd fails to perform 
this duty, the electors residing in said attached territory shall br 
entitled to vote in the sub-district and precinct nearest their residence 
An elector residing in the city, but not in the city school district^ 
shall not be entitled to vote in said city school district. (Passed and 
approved April 25, 1904.) 

Sec. 3899. Repealed 89 v. 79. 

Sec. 3900. [Redistricting of city districts.] The redistricting of a 
city school district shall not affect the membership of the then ex- 



OHIO SCHOOL LAWS. 27 



City School Districts. Ch. 2. 



isting board of education in said city school district ; all the members 
thereof shall continue to serve for the full term for which they were 
elected, but after the expiration of said terms the election of members 
of the board of education from sub-districts shall be by the sub-dis- 
tricts as redistricted. (Passed and approved April 25, 1904.) 

Sec. 3901. [Schools for deaf children.] Boards of education of 
city school districts are authorized and empowered to establish and 
maintain, under their management and control one or more day 
schools for the education of the deaf youth of school age of the dis- 
trict, the expense of conducting the same to be paid from the school 
funds of the district in the same manner and from the same funds 
as other school expenses are paid. (Passed and approved April 

25. 1904-) 

Sec. 3902. Repealed April 25, 1904. 
Sec. 3903. Repealed April 25, 1904 



OHIO SCHOOL LAWS. 



Ch. 3. 



Village School Districts. 



CHAPTER III. 



VILLAGE SCHOOL DISTRICTS. 



Section. 

3904. Repealed. 

3905. Repealed. 

3906. Repealed. 

3907. Repealed. 

3908. Board of education in village dis- 

tricts ; membership ; election and 
term. 



Section. 

3909. Newly created village distrix;ts; elec- 

tion in. 

3910. Voting in attached territory. 

3911. Organization; president; clerk; regu- 

lar meetings. 

3912. Repealed. 

3913. Repealed. 

3914. Repealed. 



Sec, 3904. Repealed April 25, 1904. 

Sec. 3905. Repealed April 25, 1904. 

Sec. 3906. Repealed April 25, 1904. 

Sec. 3907. Repealed April 25, 1904. 

Sec. 3908. [Board of education in village districts; membership; 
election and term.] The board of education of village school districts 
shall consist of five members elected at large at the same time and 
in the same manner as municipal officers are elected, for the term of 
four years from the first Monday in January after their election or 
until their successors are elected and qualified. At the first municipal 
election held after the passage of this act there shall be a board of 
education elected in all village districts as provided for herein, two 
to serve for two years, and three to serve for four years, and at the 
municipal election held every second year thereafter, their successors 
shall be elected for the term of four years. Upon the organization 
of said boards, upon the succeeding first Monday in January after 
their election, the previously existing village boards of education shall 
be thereby abolished and the newly elected and organized board shall 
be their successors in all respects. (Passed and approved April 25, 
1904.) 

Sec. 3909. [Newly created village districts; election in.] In all 
incorporated villages not now organized as school districts and 
in all villages hereafter created, there shall be a board of education 
elected as provided for in section 3908 of the Revised Statutes of 
Ohio ; provided, however, that if said election be a special election 
held in a newly created village, the members elected shall serve for 
the terms as indicated in said section 3908, from the first Monday in 
January after the last preceding election for members of boards of 
education, and the board shall organize on the second Monday after 
the special election. (Passed and approved April 25, 1904.) 

Sec. 3910. [Voting in attached territory.] Electors residing in 
territory attached to a village school district for school purposes, 



OHIO SCHOOL LAWS. 29 



Village School Districts. Ch. 3. 



shall be entitled to vote for school officers and on all school questions, 
at the regular voting place in the village to which such territory is 
attached, and should said village be divided into voting precincts, 
it shall be the duty of the board of education of such village school 
district to assign such territory to the adjoining precinct or precincts 
and to have a map prepared showing such assignment, said map to 
be made a part of the records of the board, and the electors residing 
in such attached territory shall be entitled to vote in the precinct to 
which they are assigned, but in case no assignment of territory is 
made, the elector shall vote in the precinct nearest his residence. An 
elector residing in a village, but not in a village school district, shall 
not be entitled to vote in said village school district. (Passed and 
approved April 25, 1904.) 

Sec. 391 1. [Organization; president; clerk; regular meetings.] 
Boards of education of village school districts shall organize on 
the first Monday in January after the election of the board, by the 
election of one of their members president, and the election of a clerk 
who may or may not be a member of the board, the president to be 
elected for one year and the clerk to be elected for a term not to ex- 
ceed two years ; and they shall fix the time of holding regular meetings. 
(Passed and approved April 25, 1904.) 

Sec. 3912 Repealed April 25, 1904. 

Sec. 3913. , Repealed April 25, 1904. 

Sec. 3914. Repealed April 25, 1904. 



30 



OHIO SCHOOL LAWS. 



Ch. 4. 



Township School Districts. 



CHAPTER IV. 



TOWNSHIP SCHOOL DISTRICTS. 



Section. 

3915. Boards of education in township 

districts; membership; election 
and term. 

3916. Attached territory; voting in. 

3917. Repealed. 

3918. Repealed. 

3919. Repealed. 

3920. Orglaniza-tion; president; clerk; 

regular meetings. 

3921. Sub-districts recognized. 

39210. Director of sub-districts; election; 
term; duties. 



Section. 

3922. Centralization by suspension of one 

or more sub-district schools. 

3923. Joint sub-districts abolished. 

3924. Repealed. 

3925. Repealed. 

3926. Repealed. 

3927. Repealed. 
3927-1. Repealed. 

3927-2. Centralization, submission of ques- 
tion to vote. 

An act to provide for the support 
of normal schools. 



Sec. 3915. [Boards of education in township districts; member- 
ship; election and term.] The board of education of township school 
districts shall consist of five members elected at large at the same time 
and in the same manner as the township officers are elected, for the 
term of four years from the first Monday in January after their election 
[or] until their successors are elected and qualified. At the first town- 
ship election held after the passage of this act, there shall be a board 
of education elected in all township districts as provided for herein, 
two to serve for two years, and three to serve for four years, and at 
the township election held every second year thereafter, their success-- 
ors shall be elected for the term of four years. Upon the organization 
of said boards, upon the succeeding first Monday in January after 
their election, the previously existing township boards of education 
shall be thereby abolished and the newly elected and organized boards 
shall be their successors in all respects. (Passed and approved April 
25, 1904.) 

Sec. 3916. [Attached territory; voting in.] Electors residing in 
territory attached to a township school district for school purposes, 
shall be entitled to vote for school officers and on all school questions, 
at the regular voting place in the township to which such territory 
is attached, and should such township be divided into different voting 
precincts, it shall be the duty of the board of education of the town- 
ship district, to assign such attached territory to the adjoining pre- 
cinct or precincts ; if territory is attached to more than one precinct, 
a map shall be prepared showing such assignment and said map shall 
be made a part of the records of the board of education, and electors 
shall be entitled to vote according to such assignment, but in case 
no assignment of territory is made, the electors shall vote in the 



OHIO SCHOOL LAWS. 



31 



Township School Districts. Ch. 4. 

precinct nearest to their residence. An elector residing in the town- 
ship, but not in the township school district, shall not be entitled to 
vote in said township school district. (Passed and approved April 
25, 1904.) 

Sec. 3917. Repealed April 25, 1904. 

Sec. 3918. Repealed April 25, 1904. 

Sec. 3919. Repealed 90 v. 76. 

Sec. 3920. [Organization; president; clerk; regular meetings.] 
Boards of education of township school districts shall organ- 
ize on the first Monday in January after the election of the board, 
by the election of one of their members president and the election of 
a clerk who may or may not be a member of the board, the president 
to be elected for one year and the clerk to be elected for a term not to 
exceed two years ; and they shall fix the time of holding regular 
meetings. (Passed and approved April 25, 1904.) 

Sec. 3921. [Sub-districts recognized.] The division of township 
school districts into sub-districts as they exist at the time of the 
passage of this act, shall continue and be recognized for the purpose of 
school attendance, but the board of education is authorized to increase 
or diminish the number or change the boundaries of the sub-districts 
at any regular meeting, a map designating such changes to be entered 
upon its records. (Passed and approved April 25, 1904.) 

Sec. 3921a. [Director of sub-districts; election; term; duties.] 
In all township districts the schools of which are not centralized or 
consolidated there shall be elected by ballot on the second Monday of 
April, 1905, and annually thereafter in each sub-district, by the quali- 
fied electors thereof, one competent person, having the qualifications 
of an elector therein to be styled director. In all cases of tie votes 
at an election for director the judges of election shall decide the 
election by lot ; and in other cases of failure to elect directors or 
in case of a refusal to serve, or in case where vacancies exist from any 
cause, the township board of education shall appoint a director for 
such sub-district. The director of each sub-district shall post written 
or printed notices in three or more conspicuous places in his sub- 
district at least six days prior to the election, designating the day 
and hour of opening, and the hour of closing the election. The 
election shall be held at the school house in the sub-district. The 
meeting shall be organized by appointing a chairman and secretary, 
who shall act as judges of the election under oath or affirmation, 
which oath or affirmation may be administered by the director of the 
sub-district, or any other person competent to administer such an oath 
or affirmation, and the secretary shaU keep a poll-book and tally-sheet. 



32 OHIO SCHOOL LAWS. 



Ch. 4. Township School Districts. 



which shall be signed by the judges, and delivered within eight days 
to the clerk of the township board of education. The qualified electors 
of the sub-district may hold other meetings at any time upon the call of 
the director or of any five electors. Five days' notice shall be given of 
such meetings by posting notices in five public places in the vicinity. 
The director of each sub-district shall preside at the school meetings 
of the district, record their proceedings, and shall act as the organ 
of communication between the inhabitants and the township board of 
education. He shall take charge of the school house and property be- 
longing thereto under the general order and direction of the town- 
ship board of education and preserve the same and when so ordered 
by the board shall make all temporary repairs of the school house, 
furniture and fixtures, and provide the necessary fuel for the school, 
reporting the cost thereof to the board of education for payment. The 
director of each sub-district shall take the enumeration of his sub- 
district and return the same to the clerk of the township board of edu- 
cation in the manner prescribed by law. (Passed and approved April 
25, 1904.) 

Sec. 3922. [Centralization by suspension of one or more sub- 
district schools.] The board of education of any township school 
district is authorized to suspend the schools in any or all sub-districts 
in the township district, but upon such suspension the board must 
provide for the conveyance of the pupils residing in such sub-district 
or sub-districts to a public school in said township district, or to a 
public school in another district, the cost of such conveyance to be 
paid out of the funds of the township school district; or the board 
may abolish all the sub-districts providing conveyance is furnished to 
one or more central schools, the expense of such conveyance to be 
paid out of the funds of the district. When transportation of pupils 
is provided for, the conveyance must pass within at least the distance 
of one-half of a mile from the respective residence of all pupils, ex- 
cept when such residences are situated more than one-half of a mile 
from the public road ; but boards of education shall not be required 
to provide transportation for pupils living less than one-half of a 
mile from the school house. (Passed and approved April 25, 1904.) 

Sec. 3923. [Joint sub-districts abolished.] Joint sub-districts 
are hereby abolished and the territory of such districts, situated in 
the township in which the school house of the joint sub-district 
is not located, shall be attached for school purposes to the township 
school district in which said school house is located, and shall consti- 
tute a part of said township school district, and the title of all school 
property located in said joint sub-district, is hereby vested in the board 



OHIO SCHOOL LAWS. 33 



Township School Districts. Ch. 4. 

of education of the township to which the territory is attached. A 
map of such attached territory shall be prepared under the direction of 
the board of education of the township district to which such terri- 
tory is attached and shall be made a part of the records of said board 
and a copy of the same shall be filed with the auditor of the county 
in which said tenritory is situated, or if the territory be in two or more 
counties, said map shall be filed with the auditor of each county. 
(Passed and approved April 25, 1904.) 

Sec. 3924. Repealed April 25, 1904. 

Sec. 3925. Repealed April 25, 1904. 

Sec. 3926. Repealed April 25, 1904. 

Sec. 3927. Repealed April 25, 1904 

Sec. 3927-1. Repealed April 25, 1904. 

Sec. 3927-2. [Centralization, submission of question to vote.] 
A township board of education may submit the question of centrali- 
zation, and upon the petition of not less than one-fourth of the qualified 
electors of such township district, must submit such question to a vote 
of the qualified electors of such township district, and if more votes 
are cast in favor of centralization than against it, at such election, it 
shall then become the duty of the board of education, and such board 
of education is required to proceed at once to the centralization of 
[the] schools of the township, and if necessar}^ purchase a site or sites 
and erect a suitable building or buildings thereon ; provided, that if, 
at the said election, more votes are cast against the proposition for 
centralization than for it, the question shall not again be submitted 
to the electors of said township district for a period of two years. 
When the schools of a township have been centralized, such centrali- 
zation shall not be discontinued within three years thereafter, and 
then only by petition and election as required herein and if at such 
election more votes are cast against centralization than for it, the 
division into sub-districts as they existed prior to centralization, shall 
be thereby re-established at the next regular election and sub-district 
directors shall be elected as provided in section 3921a of this act. 
(Passed and approved April 25, 1904.) 

AN ACT. 
To provide aid for the support of normal schools. 

Be it enacted by the General Assembly of the State of Ohio : 

Sec. I. That the trustees of any township in the state of Ohio, 
in which a normal school is organized and conducted or may be 

3-S. L. 



34 OHIO SCHOOL LAWS. 



Ch. 4. Township School Districts. 



established hereafter, are authorized to levy annually a tax, not ex- 
ceeding two mills on the dollar upon all the taxable property of the 
township for the purpose of aiding in the support of such normal 
school. 

Sec. 2. Before the tax may be levied, the question of making a 
levy for the purpose named in section i, herein, shall be submitted 
to the qualified electors of the township, at a special or general election 
to be held in such township, due notice of which shall be given at 
least twenty days prior to the election, by publication in some news- 
paper of genelral circulation in the township ; and provided a majority 
of the votes cast at such election upon said question of tax levy is in 
favor of levying the tax, then the trustees of the township thereafter 
shall make the levy annually and report the same to the county 
auditor for collection as other taxes, and when collected, to be paid 
over to the duly qualified and acting treasurer of the board of trustees 
of such normal school. 

Sec. 3. At any time after four years from the date of an election 
held in accordance with the provisions of section 2 of this act, another 
election may be petitioned for and shall be ordered by the trustees 
of the township, provided the petition shall be signed by at least 
forty per cent, of the qualified electors of the township. (Passed and 
approved April 25, 1904.) 



OHIO SCHOOL LAWS. 



35 



Special School Districts. 



Ch. 5. 



CHAPTER V. 



SPECIAL SCHOOL DISTRICTS. 



Section. 


3937. 


Repealed. 


3938. 


Repealed. 


3939. 


Repealed. 


3940. 


Repealed. 


3941. 


Repealed. 


3941a. 


Repealed 


3942. 


Repealed. 


3943. 


Repealed. 


3944. 


Repealed. 


3945. 


Repealed. 


3946. 


Repealed 


3946a. 


Repealed 


3947. 


Repealed. 


3948. 


Repealed. 


3949. 


Repealed. 


3950. 


Repealed. 



Section. 

3928. Formation of special school dis- 

trict, proceedings for. 

3929. Further proceedings in probate 

court. 

3930. Boards of education in special dis- 

tricts; membership; election and 
term. 

3931. Elections, how conducted. 

3932. Election in newly created special 

district. 

3933. Organization of board of education; 

president; clerk; regular meet- 
ings. 

3934. Transportation of pupils in special 

districts. 

3935. Abandonment or continuance of 

special district, election for. 

3936. Repealed. 

Sec. 3928. [Formation of special school district, proceedings for.] 

A special school district may be formed of any contiguous territory, 
not included within the limits of an incorporated city or village, 
which has a total tax valuation of not less than one hundred thousand 
dollars. To establish a special school district, a petition signed by 
not less than ten male citizens who are electors of the proposed special 
district shall be filed in the ofiice of the probate judge of the county 
in which such special district is situated or if said district is situated 
in two or more counties, then with the probate judge of the county 
having the greatest total tax valuation in said proposed district ; said 
petition shall set forth the desires of the petitioners, shall contain a 
description of the territory to be included in the proposed special 
district, and shall be accompanied by a statement giving the total tax 
valuation of said territory certified to by the county auditor or auditors 
and also an accurate map of the territory to be included in said district, 
the same to be prepared to the satisfaction of the probate judge; said 
petition shall also be accompanied by an undertaking of one or more 
of the petitioners, with security to the satisfaction of the judge, in the 
sum of one hundred dollars, conditioned that the parties entering 
into the undertaking shall pay all the costs of the proceedings if a 
special school district is not created, and in such case the probate 
judge shall render judgment against the parties to the undertaking 
for all the costs of the proceedings. In case the petition is granted 
the costs shall be taxed against the special school district thereby 
authorized and shall be paid by the board of education of said special 



36 OHIO SCHOOL LAWS. 



Ch. 5. Special School Districts. 



school district, thereafter elected, from any funds that may come into 
its possession. A remonstrance signed by one or more of the male 
citizens who are electors of the proposed district may be filed with 
the probate judge and shall be considered on the hearing of the 
petition. Nothmg herein contained shall be so construed as to 
abolish any special school district now existing, but all such districts 
whether created under the provisions of a general or special act, 
including the territory now constituting such special district, shall, 
unless changed under the provisions of this chapter, continue to be 
and remain and be recognized and regarded as legal special school 
districts, excepting, however, such special school districts which do 
now or may hereafter include within their boundaries an incorporated 
city or village, and in such cases such special district shall become a 
city or village school district with or without territory attached or 
detached, as the case may be. And all officers and members of 
boards of education of existing special school districts heretofore 
created, whether by special or general act, shall continue to hold and 
exercise their respective offices and the powers thereof, until their 
successors are elected and qualified as provided herein; provided 
that all such officers of such districts created by special act shall hold 
such offices only until the first Monday of January following the first 
election for school officers to be held after the passage of this act, at 
which election their successors shall be elected. (Passed and ap- 
proved April 25, 1904.) 

Sec. 3929. [Further proceedings in probate court.] Upon the 
filing of a petition in the probate court for the establishment of a 
special school district, the judge thereof shall fix a time for the 
hearing of the same, which shall be within sixty days of the filing 
thereof ; he shall thereupon cause to be published for four consecutive 
weeks, in two newspapers of opposite politics, printed and of gen- 
eral circulation in the county where the petition is filed, notice of 
the filing of such petition and the time of the hearing thereon ; such 
notices shall also be mailed to the clerk or clerks of the board or boards 
of education having territory in the proposed special school district. 
The probate judge is authorized to hear and determine the question of 
the establishment of such special school district, may subpoena and 
examine witnesses under oath, may change the boundaries of the 
proposed special school district, shall fix and determine the amount 
of money due and payable to said special district from the surplus 
money in the treasury or in process of collection in the district or 
districts from which it was formed, or in case of the indebtness of 
such district or districts, he shall determine the amount of money 



OHIO SCHOOL LAWS. 37 



Special School Districts. Ch. 5. 



due and payable by the special school district to the district or districts 
from which it was formed, and in either case the a^nount so found due 
shall be [a] valid and binding obligation upon the board of education 
of such district or districts. The fees in cases involving the estab- 
lishment of special school districts shall be the same as" in civil cases, 
and the jurisdiction of the probate court in such cases shall be ex- 
clusive. (Passed and approved April 25, 1904.) 

Sec, 3930. [Boards of education in special districts; member- 
ship; election and term.] The board of education of special school 
districts shall consist of five members elected at large at the same 
time and in the same manner as the township officers are elected, 
for the term of four years from the first Monday in January after 
their election or until their successors are elected and qualified. At 
the first township election held after the passage of this act, there 
shall be a board of education elected in all special districts as pro- 
vided for herein, two to serve for two years, and three to serve for 
four years, and at the township election held every second year 
thereafter, their successors shall be elected for the term of four years. 
Upon the organization of said boards, upon the succeeding first 
Monday in January after their election the previously existing boards 
of education of special school districts shall be thereby abolished 
and the newly elected and organized boards shall be their successors 
in all respects. (Passed and approved April 25, 1904.) 

Sec. 3931. [Elections, how conducted.] Elections in special 
school districts shall be held by the regular election officers of the 
township in which such special districts are situated and if a special 
district is situated in two or more townships, the election shall be 
held by the election officers of the different townships for the electors 
residing in each township respectively. At least twenty days prior 
to the first election held under this act, it shall be the duty of the 
clerk of the board of education of each special school district to 
notify the deputy supervisors of elections of the county in which 
the district is situated, or if said district be in two or more counties, 
he shall notify the deputy supervisors of each county, of the names 
of the voting precincts having territory in such special school district, 
and the probable number of electors in each precinct, in order that 
said deputy supervisors shall be enabled to prepare ballots and 
election supplies and distribute the same to the proper precincts, 
and in each precinct there shall be separate ballots, ballot 
boxes, poll books and tally sheets for each school district having 
voters therein. (Passed and approved April 25, 1904.) 

Sec. 3932. [Election in newly created special district,] When 



38 OHIO SCHOOL LAWS. 



Ch. 5. Special School Districts. 



a special school district is created, a mass meeting of the electors 
in such district shall be called by the posting of notices in five public 
places in the district setting forth the time and place of said meeting 
and signed by at least three electors of the district. The electors 
assembled at said meeting shall elect a chairman and secretary and 
fix the time for holding the first election for members of the board 
of education, the time so fixed shall not be within twenty-five days 
of the time of holding said mass meeting. The chairman and sec- 
retary of said meeting shall immediately post notices in five public 
places within the district, giving the date of the election and shall 
notify the deputy state supervisors of elections as provided in section 
3931 of the Revised Statutes of Ohio. The board thus elected, shall 
organize on the second Monday after the election and the term of 
the members shall be as indicated in section 3930 of the Revised 
Statutes of Ohio, from the first Monday in January after the last 
preceding annual election for members of boards of education, or 
until their successors are elected and qualified. (Passed and approved 
April 25, 1904.) 

Sec. 3933. [Organization of board of education; president; clerk; 
regular meetings.] Boards of education of special school districts, 
shall organize on the first Monday in January after the election of 
the board, by the election of one of their members president and 
the election of a clerk who may or may not be a member of the 
board, the president to be elected for one year and the clerk to be 
elected for a term not to exceed two years ; and they shall fix the time 
of holding regular meetings. (Passed and approved April 25, 1904.) 

Sec. 3934. [Transportation of pupils "in special districts.] Boards 
of education of special school districts are authorized to provide for 
the conveyance of pupils of said districts to the school or schools of 
the districts, the expense of said conveyance to be paid from the 
school funds of the special school districts ; provided, however, that 
boards of education of such districts as provide transportation for 
the pupils thereof, shall not be required to transport pupils living 
less than one-half of a mile from the school house, transportation 
of such pupils being optional with the board of education. Provided, 
further, that when any pupils of said district reside at a greater dis- 
tance than one and one-half miles from the school house the board 
of education shall be required to provide for the conveyance of such 
pupils and the expense thereof to be paid from the school funds of 
said special school district. (Passed and approved April 25, 1904.) 

Sec. 3935. [Abandonment or continuance of special district, elec- 
tion for.] When a petition is signed by not less than one-third of 



OHIO SCHOOL LAWS. 39 



Special School Districts. Ch. 5. 

the electors residing within the territory constituting a special school 
district, whether created under the provisions of a general or special 
act, praying for the abandonment or continuance of such district, 
shall be presented to the board of education of said district, or when 
said board shall, by a majority vote of the full membership of the 
board, decide to submit the question of abandoning or continuing the 
special school district, it shall be the duty of the board to fix the time 
of holding said election at either a special or general election and 
the clerk of the board shall notify the deputy state supervisors of 
elections, as provided in section 3931 of the Revised Statutes of 
Ohio, of the date of such election and the nature of the same and 
said supervisors of elections shall provide for the same. The clerk 
of the board of education shall also post notices of said election in 
five public places within the district. If said election be submitted 
at a special election in a district situated in two or more election pre- 
cincts, the election shall be held at the precinct nearest the school 
house in said special district, by the election officers of the precinct, 
and all the electors of said district shall vote at said precinct. If the 
district is situated in two or more counties, the deputy state super- 
visors of the county in which said nearest election precinct is situated, 
shall have charge of the election. If said question is submitted at 
a regular election, it shall be conducted in the same manner as the 
election of members of the board of education. The ballot shall 
be in the regular form, but without the circle at the top, and shall 
have printed thereon "Abandonment of Special School District, Yes ;" 
"Abandonment of Special School District, No ;" o-r "Continuance of 
Special School District, Yes ;" "Continuance of Special School Dis- 
trict, No," as the case may be. The expense of said election shall 
be paid in the same manner as are other school election expenses, 
and returns of said elections shall be made to the board of education 
of the special school district and if more votes are cast for abandon- 
ment than against it, or against continuance than for it, said boards 
shall certify the result to the board or boards of education of the 
township or townships having territory in said special district and 
the territory of said special district shall thereby revert to the town- 
ship school district or districts from which it was originally taken, 
except as hereinafter provided for in the case of indebtedness of the 
special district. Otherwise said district shall continue to be and 
remain and be recognized and regarded as a legal special school 
district as theretofore constituted. The legal title of the property 
of the special school district shall in the event of abandonment 
or failure to continue become vested in the board or boards of edu- 
cation of the township or townships in which such property is sit- 



40 OHIO SCHOOL LAWS. 



Ch. 5. Special School Districts. 



uated. And the school funds of said special district shall be paid 
into the treasury of the township district and if said special dis- 
trict be in two or more townships, it shall be divided between them 
in proportion to the total tax valuation of property in the several 
districts, but the abandonment of a special school district shall not 
be deemed complete until the board of education of said district shall 
have provided for the payment of any indebtedness that may exist. 
(Passed and approved April 25, 1904.) 

Sec. 3936. Repealed April 25, 1904. 

Sec. 3937. Repealed April 25, 1904. 

Sec. 3938. Repealed April 25, 1904. 

Sec. 3939. Repealed April 25, 1904, 

Sec. 3940. Repealed April 25, 1904. 

Sec. 3941. Repealed April 25, 1904. 

Sec. 3941a. Repealed 89 v. 96. 

Sec. 3942. Repealed April 25, 1904. 

Sec. 3943. Repealed April 25, 1904. 

Sec. 3944. Repealed April 25, 1904. 

Sec. 3945. Repealed April 25,1904. 

Sec. 3946. Repealed April 25, 1904. 

Sec. 3946a. Repealed 94 v. 64. 

Sec. 3947. Repealed April 25, 1904 

Sec. 3948. Repealed April 25, 1904. 

Sec. 3949. Repealed 90 v. 76. 

Sec. 3950. Repealed April 25, 1904. 



OHIO SCHOOL LAWS. 



41 



School Funds. 



Ch. 6. 



CHAPTER VI. 



SCHOOL FUNDS. 



Section. 

3951. "The state common school fund" 
and "Ohio state university- 
fund." 

3951a. Ohio and Miami university fund; 
admission of pupils. 

3951b. Distribution of fund. 

8952. Interest upon proceeds of salt and 
swamp lands. 

3952-1. Proceeds of sale of swamp lands to 
go to common school funds ; how 
funded, and interest distributed. 

3953. The "common school fund". 

3954. Accounts of common school fund; 

how kept, etc. 

3955. Bequests, etc., in trust for common 

school fund. 

3956. Apportionment of school funds by 

auditor of state. 

3957. To what county common school 

fund paid when county line di- 
vides original surveyed town- 
ship. 

3958. Boards of education to make local 

tax levy. 
39580. Repealed. 
3958-1. Repealed. 
3958-2. Repealed. 

3959. Maximum tax levy for school pur- 

poses; when greater tax may be 
levied. 

3960. Rate of levy to be certified to coun- 

ty auditor. 



Section. 



3961. 
3961a. 
3962. 
3963. 

3964. 

3965. 

3966. 



3967. 
3968. 



3969. 



3970. 



3970-1. 



3970-2. 
3970-3. 



3970-4. 



Repealed. 

Repealed. 

Repealed. 

Tax levy and funds of district in 
two or more counties. 

Apportionment of school fund by 
county auditor. 

Distribution of money after appor- 
tionment. 
Apportionment of school fund by 
county auditor when county line 
divides original surveyed town- 
ship. 

Certificate of apportionment by 
county auditor. 

Depositories for school funds, 
boards of education may provide. 

When a board of education fails to 
provide proper school facilities 
the county commissioners shall 
act. 

County auditor to collect fines, etc., 
and inspect section sixteen ac- 
counts. 

Sinking fund, board of commis- 
sioners of. 

How sinking fund invested. 

Refunding, renewing or extending 
bonded debt. 

Reports of sinking fund; how or- 
ders are drawn. 



Sec. 3951. ["The state common school fund" and "The Ohio 
State University fund."] For the purpose of affording the advantages 
of a free education to all the youth of the state, there shall be levied 
annually a tax on the grand list of the taxable property of the state, 
which shall be collected in the same manner as other state taxes 
and the proceeds of which shall constitute "the state common school 
fund," and for the purpose of higher, agricultural and industrial 
education, including manual training, there shall be levied and col- 
lected in the same manner a tax on the grand list of taxable property 
of the state, which shall constitute "the Ohio state university fund." 
The rate for such levy in each case shall be designated by the 
general assembly at least once in two years ; and if the general 
assembly shall fail to designate the rate for any year the same shall 
be for "the state common school fund" ninety-five one-hundredths of 
one mill, each year for the years 1902 and 1903, and one mill each 
year thereafter; for the "Ohio state university fund," fifteen one-hun- 
dredths of one mill upon each dollar of valuation of such taxable 



42 OHIO SCHOOL LAWS. 



Ch. 6. School Funds. 



property, each year for the years 1902 and 1903, and ten-hundredths 
of one mill each year thereafter. (95 v. 439 ; 94 v. 81 ; 92 v. 59 ; 88 v. 
i59;7o V. 195, § 126.) 

Sec. 3951a. [Ohio and Miami university fund; admission of 
pupils.] For the purpose of affording adequate support to the Ohio 
university and to the Miami university there shall be levied annu- 
ally a tax on the grand list of taxable property of the state of 
Ohio, which shall be collected in the same manner as other state 
taxes and the proceeds of which shall constitute the "Ohio and Miami 
university fund." The rate of such levy shall be designated by the 
general assembly at least once in two years, and if the general as- 
sembly shall fail to designate the rate for any year, the same shall 
be for the said "the Ohio and Miami university fund" three one- 
hundredths (.03) of one mill upon each dollar of valuation of such 
taxable property. Said Ohio university and Miami university shall 
admit free of tuition all residents of this state who shall conform to 
the standards of admission. (92 v. 41.) 

Sec. 3951&. [Distribution of fund.] The said "Ohio and Miami 
university fund" shall be distributed and paid annually, seven-twelfths 
(7-12) thereof to the treasurer of the Ohio university upon the order of 
the president of the board of trustees of said Ohio university, and five- 
twelfths (5-12) thereof to the treasurer of the Miami university upon 
the order of the president of the board of trustees of the said Miami 
university. (92 v. 41.) 

Sec. 3952. [Interest upon proceeds of salt and swamp lands.] 
The state shall pay interest annually, at the rate of six per cent per 
annum, upon all money which has been paid into the state treasury 
on account of sales of lands commonly called "salt lands," and upon all 
money heretofore paid, or which may hereafter be paid into the 
state treasury on account of sales of swamp lands granted to the 
state of Ohio by act of congress ; the money received from such sales 
shall constitute an irreducible debt of the state; and the interest 
shall be apportioned annually on the same basis as the state common 
school fund is apportioned, and distributed to the several counties 
as provided in section thirty-nine hundred and Hfty-six. (70 v. 195, 
§ 132 ; ^9 V. 40, § I ; S. & C. 1338.) 

Sec, 3952-1. [Proceeds of sale of swamp lands to go to common 
school funds ; how funded, and interest distributed.] The net proceeds 
that may hereafter be paid into the state treasury, from the sales of 
swamp lands granted to the state of Ohio by act of Congress passed 
September 28, 1850, be and the same is hereby appropriated to the 
general fund for the support of common schools ; and the state of 



OHIO SCHOOL LAWS. 43 



School Funds. Ch. 6. 



Ohio is hereby pledged to pay the interest, annually, on any and 
all sums of money which may be paid into the state treasury, from 
the sales of said lands, from the receipt of such money into the treasury 
aforesaid ; and the interest arising as aforesaid shall be funded, annual- 
ly, until the first day of January, in the year eighteen hundred and fifty- 
five ; after which time the interest shall be annually distributed to the 
several counties in this state, in proportion to the number of male 
inhabitants above the age of twenty-one, as the law shall be ascer- 
tained for the apportionment of representatives ; and the proportion 
of interest due to each and every such county shall be distributed for 
the support of common schools, in the respective counties, in the man- 
ner prescribed in the "act to provide for the support and better reg- 
ulation of common schools". (1883, March 5; 80 v. 39; R. S. 1880; 
49 V. 40; S. & C. 1338.) 

Sec. 3953. [The "common school fund."] The money which has 
been and may hereafter be paid into the state treasury on account of 
sales of lands granted by congress for the support of public schools 
in any original surveyed township, or other district of country, shall 
constitute the "common school fund, "of which the auditor of state 
shall be superintendent, and the income of which shall be applied 
exclusively to the support of common schools, in the manner desig- 
nated in this chapter. (70 v. 195, §§ 127, 128; S. & C. 1335.) 

Sec. 3954. [Accounts of common school fund; how kept, etc.] 
The common school fund shall constitute an irreducible debt of 
the state, on which the state shall pay interest annually, at the rate of 
six per cent, per annum, to be computed for the calendar year, and 
the first computation on any payment of principal hereafter made 
to be from the time of payment to and including the thirty-first day 
of December next succeeding; and the auditor of state shall keep 
an account of the fund, and of the interest which accrues thereon, 
in a book or books to be provided for the purpose, with each origi- 
nal surve3^ed township and other district of country to which any part 
of the fund belongs, crediting each with its share of the fund, and 
showing the amount of interest thereon which accrues and the amount 
which is disbursed annually to each. (70 v. 195, §§ 128, 129; S. & C. 

I335-) 

Sec. 3955. [Bequests, etc., in trust for common school fund.] 
When any grant or devise of land, or any donation or bequest of 
money or other personal property, is made to the state of Ohio, or to 
any person, or otherwise, in trust for the common school fund, the 
same shall become vested in said fund ; and when the money arising 
therefrom is paid into the state treasury, proper accounts thereof shall 



44 OHIO SCHOOL LAWS. 



Ch. 6. School Funds. 



be kept by the auditor of state, and the interest accruing therefrom 
shall be applied according to the intent of the grantor, donor, or 
devisor. (70 v. 195, § 131 ; S. & C. 1336.) 

Sec. 3956. [Apportionment of school funds by auditor of state.] 
The auditor of state shall apportion the state common school fund to 
the several counties of the state semi-annually, upon the basis of the 
enumeration of youth therein, as shown by the latest abstract of 
enumeration transmitted to him by the state commissioner of common 
schools ; before making his February settlement with county treasurers 
he shall apportion such amount thereof as he shall estimate to have 
been collected up to that time, and, in the settlement sheet which he 
transmits to the auditor of each county, shall certify the amount pay- 
able to the treasurer of his county ; before making his final settlement 
with county treasurers each year, he shall apportion the remainder of 
the whole fund collected, as nearly as the same can be ascertained, and 
in the August settlement sheet which he transmits to the auditor of 
each county shall certify the amount payable to the treasurer of his 
county ; in each February settlement sheet he shall also enter the 
amount of money payable to the county treasurer on the apportion- 
ment of interest specified in section thirty-nine hundred and fifty-two; he 
shall also enter in each February settlement sheet the amount of money 
payable to the county treasurer on account of interest for the pre- 
ceding year on the common school fund, and designate the source or 
sources from which the interest accrued ; he shall transmit w^ith each 
February settlement sheet a certified statement, showing the amount 
of interest derived from the common school fund payable to each 
original surveyed township or other district of country within the 
county; and the treasurer of each county shall, at each semi-annual 
settlement with the auditor of state, retain in the county treasury, 
from the state taxes collected by him, the amount of the funds he"ein 
mentioned shown by the settlement sheet of the auditor of state to 
be payable to him at that time ; but if such amount for any county 
exceeds the amount of state taxes collected therein, the auditor of 
state shall draw an order on the treasurer of state, in favor of the 
treasurer of such county, for the balance of school funds due his 
county, and transmit the same to such county treasurer, and the 
treasurer of state shall pay such order upon its presentation to him. 
(70 V. 195, §§ 120, 130; S. & C. 1359.) 

Sec. 3957- [To what county common school fund paid when 
county line divides original surveyed township.] If parts of an 
original surveyed township or fractional township are situate in two 
or more counties, the amount of interest on common school fund due 



OHIO SCHOOL LAWS. 45 



School Funds. Ch. 6. 



to such township shall be paid in the manner provided in the last 
section, to the treasurer of the county wherein the greatest relative 
portion of such township is situate ; but if it be uncertain in which 
county such portion is situate, the amount of interest due to such 
township shall be paid to the treasurer of the oldest county in which 
any part of the township is situate. (70 v. 195, § 130.) 

Sec. 3958. [Boards of education to make local tax levy.] Each 
board of education shall, annually, at a regular or special meeting 
held between the third Monday in April and the first Monday in June, 
fix the rate of taxation necessary to be levied for all school purposes, 
after the state funds are exhausted ; said levy shall be divided by the 
board of education into four funds, namely, first. Tuition Fund ; second. 
Building Fund ; third, Contingent Fund ; fourth. Bonds, Interest and 
Sinking Fund, and a separate levy shall be made for each fund ; pro- 
vided, that in every city school district, said levies shall be submitted 
to the board of review of the city, which shall consider the same, and 
approve or reduce said levies, or any part thereof, and return the same 
to the board of education, and said levies shall then become valid and 
effective as so approved or reduced ; but if said board of review fail or 
neglect to act upon said levies within ten days after the receipt of 
the same from the board of education, then said levies shall become 
valid and effective without the action of said board of review. (Passed 
and approved April 25, 1904.) 

Sec. 39580. Repealed April 25, 1904. 

Sec. 3958-1. Repealed April 25, 1904. 

Sec. 3958-2. Repealed April 25, 1904. , 

Sec. 3959. [Maximum tax levy for school purposes ; when greater 
tax may be levied.] The local tax levy for all school purposes shall 
not exceed twelve mills on the dollar of valuation of taxable property 
in any school district, but said levy shall not include any special levy 
for a specified purpose, provided for by a vote of the people. A greater 
tax than is authorized herein may be levied for any or all school pur- 
poses if the proposition to make such levy shall have been first sub- 
mitted, by the board of education, to a vote of the electors of the school 
district, under a resolution prescribing the time, place and nature of 
the proposition to be submitted, and approved by a majority of those 
voting on the proposition ; notice of said election must be given by 
publication of the resolution for three consecutive weeks prior thereto 
in some newspaper published and of general circulation in the district, 
or by posting copies thereof in five of the most conspicuous places in 
the district for a like period, if no such paper is published therein. 
(Passed and approved April 25, 1904.) 



46 OHIO SCHOOL LAWS. 



Ch. 6. School Funds. 



Sec. 3960. [Rate of levy to be certified to county auditor.] The 

amount of the levy fixed by the board of education under" sections 
thirty-nine hundred and fifty-eight and thirty-nine hundred and fifty- 
nine shall be certified to the county auditor in writing, on or before the 
first Monday in June of each year, who shall assess the entire amount 
upon all the taxable property of the district, and enter it upon the tax 
duplicate of the county, and the county treasurer shall collect the 
same, at the same time and in the same manner as state and county 
taxes are collected, and pay it to the treasurer of the district upon 
the warrant of the county auditor; and unless the county treasurer 
is paid a fixed salary he shall receive one per centum on all money 
so collected, and no more. (Passed and approved April 25, 1904.) 

Sec. 3961. Repealed April 25, 1904. 

Sec. 3961a. Repealed April 25, 1904. 

Sec. 3962. Repealed April 25, 1904. 

Sec. 3963. [Tax levy and funds of district in two or more coun- 
ties.] When a school district is composed of territory in two or more 
counties the rate of taxation shall be ascertained by the board of edu- 
cation of such district and shall be certified to the auditors of the 
several counties and such county auditors shall place the same on the 
tax duplicate and the same shall be collected as provided in section 
thirty-nine hundred and sixty of the Revised Statutes of Ohio. The 
funds belonging to a district composed of territory in more than one 
county shall be paid by the treasurers of the other counties to the 
treasurer of the county having the greatest tax valuation in said 
district ; the auditors of the other counties shall make settlement on 
account of such funds with the auditor of the county having said 
greatest tax valuation ; and the treasurer of the district shall make 
the settlement required by section thirty-nine hundred and sixty-six 
of the Revised Statutes of Ohio, with such auditor. (Passed and 
approved April 25, 1904.) 

Sec. 3964. [Apportionment of school fund by county auditor.] 
Each county auditor shall, immediately after each annual settlement 
with the county treasurer, apportion the school funds for his county ; 
the state common school fund shall be apportioned in proportion 
to the enumeration of youth in each of the several school districts 
within the county, but if an enumeration of the youth of any district 
has not been taken and returned for any year, such district shall not 
be entitled to receive any portion of said fund; the local school tax 
collected from the several districts shall be paid to the districts from 
which it was collected ; money received from the state on account of 
interest on the common school fund shall be apportioned to the 



OHIO SCHOOL LAWS. 47 



School Funds. Ch. 6. 



school districts and parts of school districts within the territory 
designated by the auditor of state as entitled thereto, in proportion 
to the enumeration of youth therein, and all other money in the county 
treasury for the support of the common schools, and not otherwise 
appropriated by law, shall be apportioned annually in the same 
manner as the state common school fund. (Passed and approved 
April 25, 1904.) 

Sec. 3965. [Distribution of money after apportionment.] The 
auditor shall immediately after such apportionment is made, enter 
the same in a book to be kept for that purpose, and furnish a certi- 
fied copy of the apportionment to each school treasurer and clerk of 
his county; and he shall give to each of such treasurers an order 
on the county treasurer for the amount of money payable to him, 
and take his receipt therefor. (70 v. 195, § 120.) 

Sec. 3966. [Apportionment of common school fund by county 
auditor when county line divides original surveyed township.] When 
an original surveyed township or fractional township is situate in two 
or more counties, and the land granted thereto by congress for the 
support of public schools has been sold, the auditor of the county, to 
whose treasurer the interest on the proceeds of such sale is paid, shall 
apportion such interest to the counties in which such township is 
situate, in proportion to the youth of the township enumerated in each ; 
such auditor shall certify to the auditor of each of the other counties 
the amount so ascertained to belong to the part of the township 
situate in his county, and transmit to the treasurer of each of such 
counties an order on the treasurer of his own county for such amount ; 
and the auditor of each county shall apportion the amount of such 
interest belonging to the part of the township in his county, to the dis- 
tricts or parts of districts entitled thereto, in proportion to the 
enumeration of youth therein, and certify and pay the same to the 
proper school officers, as provided in the preceding section. (70 v. 
195, §§ 121, 122; 72 V. 63, § 36.) 

Sec. 3967. [ Certificate of apportionment by county auditor.] The 
certificate of apportionment furnished by the county auditor to the 
treasurer and clerk of each school district shall exhibit the amount of 
money received by each district from the state, the amount received 
from any special tax levy made for a particular purpose as well as the 
amount received from local taxation of a general nature ; the amount 
received from the state common school fund and the common school 
fund shall be designated the "tuition fund" and shall be appropriated 
only for the payment of superintendents and teachers ; the funds receiv- 
ed from special levies shall be designated in accordance with the 



48 OHIO SCHOOL LAWS. 



Ch. 6. School Funds. 



purpose for which the special levy was made and shall be paid out only 
for such purpose, but when a balance remains on [in] such fund after 
all expenses incident to the purpose for which it was raised shall have 
been paid, such balance shall become a part of the contingent fund 
and it shall be the duty of the board of education to make such trans- 
fer by resolution ; the funds received from the local levy for general 
purposes shall be designated as indicated in section thirty-nine hun- 
dred and fifty-eight, so as to correspond to the particular purpose for 
which the levy was made ; all moneys coming from sources not 
enumerated herein shall be placed in the contingent fund. (Passed 
and approved April 25, 1904.) 

Sec. 3968. [Depositories for school funds, boards of education 
may provide.] The board of education of any school district shall 
have authority to provide by resolution for the deposit of any or all 
moneys coming into the hands of the treasurer of the board. Pro- 
vided, however, that no bank shall receive a larger deposit than the 
amount of its paid-in capital stock, and in no event to exceed three 
hundred thousand dollars ($300,000.00). In school districts contain- 
ing two or more banks such deposit shall be made in the bank or banks, 
situated in the district, that shall offer at competitive bidding the 
highest rate of interest which in no case shall be less than two per 
cent, for the full time the funds or any part thereof are on deposit, 
and such bank or banks shall give a good and sufficient bond of some 
approved guaranty company in a sum at least equal to the amount 
deposited, and it shall be the duty of the treasurer of the school 
district to see that a greater sum than that contained in the bond is 
not deposited in such bank or banks and said treasurer and his bonds- 
men shall be liable for any loss occasioned by deposits in excess of 
such bond; the board shall determine in such resolution the method 
by which such bids shall be received, the authority which shall re- 
ceive them, the time for which such deposits shall be made and all 
details for carrying into effect the authority herein given, but all 
such proceedings in connection with such competitive bidding and 
deposit of such moneys shall be conducted in such a manner as to 
insure full publicity and shall be open at all times to public inspection ; 
if in the opinion of a board of education there has been any collusion 
between the bidders, said board may reject any or all bids and may 
provide for the deposit of funds in a bank or banks without the dis- 
trict as hereinafter provided for in districts not having two or more 
banks located therein. In all school districts containing less than two 
banks the board of education may, after the adoption of a resolution 
providing for the deposit of its funds, enter into a contract with one 
dr more banks that are conveniently located and offer the highest 



OHIO SCHOOL LAWS. ' 49 



School Funds. Ch. 6; 



rate of interest, which shall in no case be less than two pier cent, for 
the full time the funds or any part thereof are on deposit, and said 
bank or banks shall give good and sufficient bond of some approved 
guaranty company in a sum at least equal to the amount deposited 
and it shall be the duty of the treasurer of the school district to see 
that a greater sum than that contained in the bond is not deposited in 
such bank or banks, and said treasurer and his bondsmen shall be 
liable for any loss occasioned by deposits in excess of such bond ; said 
resolution and contract shall set forth fully all details necessary to 
carry into effect the authority herein given and all proceedings con- 
nected with the adoption of said resolution and the making of said 
contract shall be conducted in such a manner as to insure full pub- 
licity and shall be open at all times to public inspection. When 
a depository is provided as authorized herein and the funds are de- 
posited therein, the treasurer of the school district and his bondsmen 
shall be relieved of any liability occasioned by the failure of the 
bank or banks of deposit or by the failure of the guaranty company 
acting as surety for such bank or banks or by the failure of either of 
them, except as herein provided in cases of excessive deposits. 
(Passed and approved April 25, 1904.) 

Sec. 3969. [When a board of education fails to provide propfer 
school facilities the county commissioners shall act.] If the board 
of education in any district fail in any year to estimate and certify 
the levy for a contingent fund as required by this chapter, or if the 
amount so certified is deemed insufficient for school purposes, or if 
it fail to provide sufficient school privileges for all the youth of 
school age in the district or to provide for the continuance of any 
school in the district for at least seven months in the year, or to pro- 
vide for each school an equitable share of school advantages as re- 
quired by this title, or to provide suitable school houses for all the 
schools under its control, or to elect a superintendent or teachers, 
the commissioners of the county to which such district belongs, upon 
being advised and satisfied thereof, shall do and perform any or all of 
said duties and acts, in as full a manner as the board of education is 
by this title authorized to do and perform the same ; arad the members 
of a board who cause such failure shall be each severally liable, in 
a penalty not to exceed fifty nor less than twenty-five dollars, to be 
recovered in a civil action in the name of the state upon complaint 
of any elector of the district, which sum shall be collected by the 
prosecuting attorney of the county, and when collected shall be paid 
into the treasury of the county, for the benefit of the school or schools 
of the district. (Passed and approved April 25J 1904.) 

4— s. L. 



50 OHIO SCHOOL LAWS. 



Ch. 6. School Funds. 



Sec. 3970. [County auditor to collect fines, etc., and inspect sec- 
tion sixteen accounts.] The auditor of each county shall collect, or 
cause to be collected, all fines and other money, for the support of 
common schools in his county, and pay the same to the county 
treasurer; he shall inspect all accounts of interest accruing on ac- 
count of section sixteen or other school lands, whether the same is 
payable by the state or by the debtors ; and he shall take all proper 
measures to secure to each school district in his county the full 
amount of school funds to which it is entitled. (70 v. 195, § 120.) 

Sec. 3970-1. [Sinking fund; board of commissioners of.] In any 
school district having a bonded indebtedness, for the payment of which 
together with interest, no provision has been made by a special 
tax levy for that particular purpose, it shall be the duty of the board 
of education of such district and such board shall annually, on or 
before the 31st day of August, set aside from its revenue a sum 
equal to not less than one-fortieth of said indebtedness together 
with a sum sufficient to pay the annual interest thereon. The board 
of education of every district shall provide a sinking fund for the 
extinguishment of all its bonded indebtedness, which sinking fund 
shall be managed and controlled by a board of commissioners des- 
ignated as the "Board of Commissioners of the Sinking Fund of 
— " (inserting the name of the district), which shall be com- 
posed of five electors thereof, and who shall be appointed by the court 
of common pleas of the county in which such district is rhiefly 
located, provided, that in city or village districts the board of com- 
missioners of the sinking fund of the city or village may be the board 
of comrnissioners of the sinking fund of the school district ; the com- 
missioners of the sinking fund shall serve without compensation and 
shall give such bond as the board of education may require and ap- 
prove, provided that any surety company authorized to sign such 
bonds may be accepted 'by such board of education as surety, and 
the cost thereof, together with all necessary expenses of the com- 
missioners of the sinking fund shall be paid by said commissioners 
out of the funds under their control. (Passed and approved April 
25, 1904.) 

Sec. 3970-2. [How sinking fund invested.] The board of com- 
missioners of the sinking fund shall invest the sinking fund in 
bonds of the United States, of the State of Ohio, of any municipal 
corporation, county, township or school district within the state of 
Ohio or in bonds of its own issue. All interest received from such 
investments shall be deposited in the treasury to the credit of said 
sinking fund, and reinvested in a like manner ; at no time shall there be 



OHIO SCHOOL LAWS. 51 



School Funds. Ch. 6. 



over one thousand dollars kept on deposit if investment can be made 
without jeopardizing the prompt redemption of bonds falling due. 
For the extinguishment of any bonded indebtedness included in said 
sinking fund, the board of commissioners of the sinking fund is 
authorized to sell or use any of the securities or money in said fund. 
(Passed and approved April 25, 1904.) 

Sec. 3970-3. [Refunding, renewing or extending bonded debt.] 
The board of commissioners of the sinking fund may refund, extend 
or renew the bonded debt of the school district or any part thereof, 
existing at the time of the taking effect of this act, by issuing the 
bonds of said school district for such periods, not exceeding twenty 
years, in such denomination, payable at such place and at a rate 
of interest not to exceed the rate previous to such refunding, exten- 
sion or renewal; provided that the aggregate amount of the refund- 
ing, extending or renewing bonds so issued shall not exceed that 
of the bonds so refunded, extended or renewed. (Passed and ap- 
proved April 25, 1904.) 

Sec. 3970-4. [Reports of sinking fund; how orders are drawn.] 
The clerk of the board of commissioners of the sinking fund shall 
make an annual report to the board of commissioners of the sink- 
ing fund, giving a detailed statement of the sinking fund, such re- 
port shall be filed at such time as the board shall designate and 
other reports may be required by the board when the same shall 
be deemed necessary. Orders on the sinking fund shall be drawn 
by the same authority and in the same manner as other orders for 
the payment of money from the school funds. (Passed and approved 
April 25, 1904.) 



52 



OHIO SCHOOL LAWS. 



Ch. 7. 



Provisions Applying to All Boards. 



CHAPTER VII. 



PROVISIONS APPLYING TO ALL BOARDS. 



Section 
3970-10. 



3970-11. 
3970-12. 



3971. 



3972. 



3973. 



3974. 
3975. 



3976. 



School elections; separate ballots 
and ballot boxes; returns and 
canvass of vote. 

Notice of elections. 

Women may vote and be voted 
for, for school officers. 

Corporate powers of board of edu- 
cation ; sales of property exceed- 
ing three hundred dollars in 
value; exchange of real estate 
with municipal corporation. 

Title to property vested in boards 
of education; resolutions and or- 
ders to remain valid until 
chang'ed; contracts, bonds and 
tax levies protected. 

School property exempt from, tax- 
ation. 

Conveyances and contracts. 

Boards of education may accept 
bequests, gifts, or endowments; 
limitation on same. 

Process against boards, and how 
served. 



Section. 
3977. 



3978. 
3979. 



3980. 
3981. 



3982. 



3983. 
3984. 



3985. 
3986. 



3986-1. 
Sec. 3. 



Prosecuting attorney and city so- 
licitor to act as legal adviser of 
boards of education. 

Special meetings, how called. 

Oath of members and other of- 
ficers. 

Repealed. 

Vacancies in board of education, 
how filled. 

Quorum; majority of all members 
required in certain cases; roll 
call; pay roll. 

Absence of president or clerk. 

Record of proceedings and attes- 
tation thereof. 

Boards to make rules; illegal 
meetings. 

Board may make and enforce 
rules for vaccination. 

Display of U. S. flag. 

Terms of office of existing officers 
of boards of education (1904). 



Sec. 3970-10. [School elections; separate ballots and ballot-boxes; 
returns and canvass of vote.] The election of members of boards 
of education shall be governed and controlled by the general election 
laws of the state. There shall be separate poll-books and tally-sheets 
used for all elections for school purposes, and the ballots of the 
electors at said elections shall be deposited in a separate ballot-box. 
In city school districts the ballots for each sub-district shall con- 
tain the names of the candidates for member of the board of edu- 
cation from such sub-district and also the names of the candidates 
to be elected at large. Returns of all school elections shall be made 
to . the clerk of the board of education not less than five days after 
the election, and it shall be the duty of the board of education to 
canvass said returns at a meeting to be held on the second Monday 
after the election, and the result thereof shall be entered upon the 
records of the board ; in case of a tie vote, the same shall be decided 
by said board of education, by lot. (Passed and approved April 25, 
1904.) 

Sec. 3970-11. [Notice of elections.] The clerk of each board of 
education shall publish a notice of all school elections in a newspaper 
Oi general circulation in the district, or post written or printed 
nL»tices of said elections in five public places in the district, at least 
ten days before the holding of the same, which notices shall specify 



OHIO SCHOOL LAWS. 53 



Provisions Applying to All Boards. Ch. 7. 

the time and place of such election and the number of members of 
the board of education to be elected and the term for which they 
are to be elected, or the nature of the c|uestion to be voted upon. 
(Passed and approved April 25, 1904.) 

Sec. 3970-12. [Women may vote and be voted for, for school 
officers.] Every woman born in the United States, or who is a wife 
or daughter of a citizen of the United States, who is over twenty-one 
years of age and possesses the necessary qualifications in regard to 
residence, as is provided for men, shall be entitled to vote, and to 
be voted for, for member of the board of education and upon no 
other question. The law relating to registration shall apply to women 
upon whom the right to vote is conferred, but the names of such 
women may be placed on a separate list. (Passed and approved 
April 25, 1904.) 

Sec. 3971. [Corporate powers of board of education; sales of 
property exceeding three hundred dollars in value; exchange of real 
estate with municipal corporation.] The boards of education of all 
school districts now organized and established, and of all school dis- 
tricts organized under the provisions of this title, shall be and they 
are hereby declared to be bodies politic and corporate, and, as such, 
capable of suing and being sued, contracting and being contracted 
with, acquiring, holding, possessing, and disposing of property, both 
real and personal, and taking and holding in trust, for the use and 
benefit of such districts, any grant or devise of land, and any dona- 
tion or bequest of money or other personal property, and of exer- 
cising such other pcvvers, and having such other privileges as are 
conferred by this title ; but when a board of education decides to 
dispose of any property, real or personal, held by it in its corpor- 
ate capacity, exceeding in value three hundred dollars, it shall sell 
the same at public auction, after giving at least thirty days' notice 
thereof, by publication in some newspaper of general circulation, or 
by posting notices in five of the most public places in the district in 
which such property is situate. Provided, that when such board 
has twice offered a tract of real estate for sale at public auction, as 
hereinbefore provided, and the same is not sold, the board may 
sell said real estate at private sale, either as an entire tract, or in 
parcels thereof, as the board may deem best, and the president and 
secretary of the board shall execute and deliver the deed or deeds 
necessary to complete such sale or sales. Provided, that upon a 
vote of a majority of the members of any board of education, and 
a concurring vote of the council of any municipal corporation, that 
an exchange of any real estate held by such board of education for 
school purposes, for real estate held by such municipal corporation 



54 



OHIO SCHOOL LAWS. 



Ch. 7. Provisions Applying to All Boards. 



for municipal purposes, will be mutually beneficial to such school 
district, and to such municipal corporation, such exchange may be 
made by conveyances, to be executed by the mayor and clerk of 
the municipal corporation, and by the president and clerk of such 
board of education. (1888, March 30; 85 v. 133; 80 v. 36; Rev. Stat. 
1880; 70 V. 195, § 37; S. & C. 1350.) 

Sec. 3972. [Title to property vested in boards of education; res- 
olutions and orders to remain valid until changed; contracts, bonds 
and tax levies protected.] All property, real or personal, which has 
heretofore vested in and is now held by any board of education for 
the use of public or common schools in any district, is hereby vested 
in the board of education provided for in this title, having under 
this title jurisdiction and control of the schools in such district; and 
all resolutions and orders passed by any board of education shall 
remain in full force and effect until duly altered or repealed, and 
nothing in this act contained shall be construed to in any way affect 
the validity of any contract made nor bonds or certificates of in- 
debtedness issued, by any board of education of any school district, 
whether created under the provisions of a general or a special act; 
and all school funds, whether arising from taxation, sale of bonds, or 
otherwise, in the hands of or belonging to any board of education 
of any school district, whether created under the provisions of a 
general or a special act, and all taxes levied by any such board not 
collected, shall be transferred to the credit of the board of education 
elected, under the provisions of this act, to succeed the board having 
such funds to its credit or which made the levy for the uncollected 
taxes. (Passed and approved April 25, 1904.) 

Sec. 3973. [School property exempt from taxation.] All prop- 
erty, real or personal, vested in any board of education, shall be ex- 
empt from tax, and from sale on execution, or other writ or order 
in the nature of an execution. (70 v. 195 § 'J2.) 

Sec. 3974. [Conveyances and contracts.] All conveyances made 
by a board of education shall be executed by the president and clerk 
thereof; no member of a board shall have any pecuniary interest, 
either direct or indirect, in any contract of the board, or be employed 
in any manner for compensation by the board of which he is a 
member, except as clerk or treasurer; and no contract shall be bind- 
ing upon any board unless it be made or authorized to be made 
at a regular or special meeting of the board. (70 v. 195, §§ 21, 38.) 

Sec. 3975. [Boards of education may accept bequests, gifts or 
endowments; limitation on same.] Any board of education may, 
by the adoption of a iresolution, accept any bequest made to them 



OHIO SCHOOL LAWS. 55 



Provisions Applying to All Boards. Ch. 7. 



by will or may accept any gift or endowment from any person or 
corporation, upon the conditions and stipulations contained in the 
will or connected with the gift or endowment ; and for the purpose 
of enabling such boards to carry out the conditions and limitations 
upon which the bequest, gift or endowment is made, they are author- 
ized to make all rules and regulations that may be required to fully 
carry into effect the provisions of said bequest, gift or endowment ; 
but no such bequest, gift or endowment shall be accepted by any 
board of education when the conditions of the same shall remove 
any portion of the public schools from under the control of said 
board. (Passed and approved April 25, 1904.) 

Sec. 3976. [Process against boards and how served.] The pro- 
cess in all suits against a board of education shall be by summons, 
and shall be served by leaving a copy thereof with the clerk or pres- 
ident of the board. (70 v. 195, § 68.) 

Sec. 3977. [Prosecuting attorney and city solicitor to act as 
legal adviser of boards of education.] The prosecuting attorney 
shall be the legal adviser of all boards of education in the county 
in which he is serving, except in city school districts, he shall pros- 
ecute all actions against a member or officer of a board of education 
for malfeasance or misfeasance in office, he shall be the legal counsel 
of said boards or the officers thereof in all civil actions brought by 
or against them and shall conduct the same in his official capacity; 
provided, that when said civil action is between two or more boards 
of education in the same county said prosecuting attorney shall not 
be required to act for either of them. In city school districts the 
city solicitor shall be the legal adviser and attorney for the board 
of education and shall perform the same services for said board of 
education as is herein required of prosecuting attorneys for other 
boards of education. The duties herein prescribed shall devolve 
upon any official serving in a capacity similar to that of prosecuting 
attorney or city solicitor for the territory wherein a school dis- 
trict is situated, regardless of his official designation. No pros- 
ecuting attorney, city solicitor or other official acting in a similar 
capacity shall be a member of the board of education. No compensa- 
tion in addition to such officers' regular salary shall be allowed for 
such services. (Passed and approved April 25, 1904.) 

Sec. 3978. [Special meetings, how called.] A special meeting 
of a board of education can be called by the president or clerk of the 
board or by any two members thereof, by serving a written notice 
of the time and place of such meeting upon each member of the 
board, either personally or at his residence or usual place of business, 



56 - OHIO SCHOOL LAWS. 



Ch 7. Provisions Applying to All Boards, 

said notice to be signed by the official or member calling the meeting. 
(Passed and approved April 25, 1904.) 

Sec. 3979. [Oath of members and other officers.] Each person 
elected or appointed a member of a board of education, or elected 
or appointed to any other office under this, title, shall, before enter- 
ing upon the duties of his office, take an oath or affirmation to sup- 
port the constitution of the United States and the constitution of the 
state of Ohio, and that he will perform faithfully the duties of his 
office ; which oath or affirmation may be administered by the clerk 
or any member of the board. (71 v. 15, § 42.) 

Sec. 3980. Repealed April 25, 1904. 

Sec. 3981. [Vacancies in board of education, how filled.] Vacan- 
cies in any board of education arising from death, non-residence, 
resignation, removal from office, failure of person elected or appointed 
to qualify within ten days after the organization of the board or 
of his appointment, removal from the district, or from other cause, 
shall be filled by the board of education at its next regular or special 
meeting or as soon thereafter as possible for the unexpired term. 
A majority vote of all the remaining members of the board can fill 
any vacancy or vacancies that may exist in said board. (Passed 
and approved April 25, 1904.) 

Sec. 3982. [Quorum; majority of all members required in cer- 
tain cases; roll call; pay roll.] A majority of the board of education 
shall constitute a quorum for transaction of business ; upon a motion 
to adopt a resolution authorizing the purchase or sale of property, 
either real or personal, or to employ a superintendent, teacher, jan- 
itor, or other employe, or to elect or appoint an officer, or to pay any 
debt or claim, or to adopt any text book, the clerk of the board shall 
call, publicly, the roll of all the members composing the board, and 
enter on the record required to be kept the names of those voting "aye" 
and the names of those voting "no" ; if a majority of all the members 
of the board vote "aye," the president shall declare the motion car- 
ried ; and upon any motion or resolution any member of the board 
may demand the yeas and nays, and thereupon the clerk shall call 
the roll and record the names of those voting "aye" and those 
voting "no," provided, that boards of education may provide for 
the payment of superintendents, teachers and other employes by 
payroll if deemed advisable, but in all cases the roll call and record, 
provided for herein shall be complied with. (Passed and approved 
April 25, 1904.) 

Sec. 3983. [Absence of president or clerk.] If, at any meeting 
of the board, either the president or the clerk is absent, the members 



OHIO SCHOOL LAWS. 67 



Provisions Applying to All Boards. Ch. 7. 

present shall choose one of their number to serve in his place pro 
tempore ; and if both are absent, both places shall be so filled ; but on 
the appearance of either at the meeting, after his place has been 
so filled, he shall immediately assume the duties of his olBce. (70 v. 

195; § 3I-) 

Sec. 3984. [Record of proceedings and attestation thereof.] The 

clerk of the board shall record the proceedings of each meeting, in a 
book to be provided by the board for that purpose, which shall be 
a public record ; the record of proceedings at each meeting of the 
board shall be read at its next meeting, corrected if necessary, and 
approved, and the approval shall be noted in the proceedings ; and 
after such approval the president shall sign the record, and the 
clerk shall attest the same. (70 v. 195, § 29; 71 v. 15, § 42.) 

Sec. 3985. [Boards to make rules; illegal meetings.] The board 
of education of each district shall make such rules and regulations 
as it may deem necessary for its government and the government of 
• its appointees and the pupils of the schools; and no meeting of a 
board of education not provided for by its rules or by law shall be 
legal unless all the members thereof have been notified as provided 
for in section thirty-nine hundred and seventy-eight. (Passed and 
approved April 25, 1904.) 

Sec. 3986. [Board may make and enforce rules for vaccination.] 
The board of each district may make and enforce such rules and 
regulations to secure the vaccination of, and to prevent the spread 
of smallpox among the pupils attending or eligible to attend the 
schools of the district, as in its own opinion the safety and interest of 
the public require ; and the boards of health and councils of municipal 
corporations, and the trustees of townships, shall, on application of 
the board of education of the district, provide at the pul)lic ex- 
pense, without delay, the means of vaccination to such pupils as 
are not provided therewith by their parents or guardians. (69 v. 
22, § I.) 

Sec. 3986-1. [Display of U. S. flag.] All boards of education be 
authorized and required to display the U. S. national flag upon all 
school houses under their control, during all day school sessions in fair 
weather, and to be displayed on the inside of the school house on 
all other days, and said boards of education shall make all rules and 
necessary regulations for the care and keeping of such flags, the 
expense of the same to be paid out of the contingent funds of such 
boards. (92 v. 86.) 

Sec. 3. [Terms of office of existing officers of boards of educa- 
tion, 1904.] All existing officers of boards of education and school 



58 OHIO SCHOOL LAWS. 



Ch. 7. Provisions Applying to All Boards. 

councils shall hold their respective offices until boards of education 
are elected and organized under the provisions of this act ; but no 
officer elected or appointed to fill a vacancy occurring in any such 
office shall be appointed to serve for a longer period than that end- 
ing on the 31st day of August, 1905. (Passed and approved April 
25, 1904.) 



OHIO SCHOOL LAWS. 



59 



School Houses and Libraries. 



Ch. 8. 



CHAPTER VIII. 



SCHOOL HOUSES AND LIBRARIES. 



Skction. 

3987. School houses. 

3987-1. Regulating use of school houses. 

3988. Directions for bidding and for 

letting contracts. 

3989. Repealed. 

3990. When boards may appropriate 

property. 

3991. Bond issue, vote on. 

3992. Bond issue, when election favor- 

able. 

3993. Tax levy for bonds to be certified 

to county auditor. 

3994. Bond issue without vote; limita- 

tions. 

3995. Repealed. 

3996. Repealed. 

3997. Repealed. 

3998. Repealed. 

3998-1. Boards of education authorized to 
provide for establishment, etc., 
of public library; taxation. 

3998-2. Board of library trustees; how 
constituted; qualifloations; 

term,; vacancies; compensation; 
powers, etc. 

3998-3. When library to be under control 
of such bo'aa'd. 

3998-4. Library fund; how provided and 
maintained; payments from. 

3998-5. Board of education may contract 
with library association for use 
of libraiT- 

3998-6. School library. 

3998-7. Museum. 

3998-8. Taking effect; existing law. 

3998-9. City board of education may ac- 
quire private library; shall be 
made a public library; board of 
managers ; vacancies in board. 

3998-10. Powers and duties of managers. 

3998-11. Organization of board; librarian 
and assistants. 

3998-12. Tax levy; expenditure oif funds. 

3999. In certain cities board may ap- 

point managers of library; 
board of trustees in Cincinnati; 
how appointed; terms; vacan- 
cies. 
3999a. Residents of Hamilton county en- 
titled to use of city library. 
3999b. Powers of trustees in Cincinnati; 
employment of librarian and as- 
sistants. 

3999c. Tax for library purposes in Cin- 
cinnati. 

3999C-1. Provisions relating to tax and ex- 
penditures for library purposes 
in Cincinnati. 

3999d. Disposition of unexpended funds 
heretofore raised for library 
purposes in Cincinnati. 

3999e. Who ineligible as members of 
library board. 



Section. 

3999/. Carnegie donation; library trus- 
tees may accept. 

3999(7. Bonds for sites, equipment, etc., 
of libraries. 

3999/(. Power of trustees to lease or pur- 
chase sites, etc., contracts for 
branch libraries; title to prop- 
erty. 

3999i. Exemption from taxes, execution, 
etc. 

3999;. Donations, bequests, etc. 

3999A;. Powers of trustees to control 
funds, contract for buildings, 
etc. 

3999i. Officers of trustees; depository of 
funds, etc. • 

4000. Cleveland public library board. 

4001. Powers and duties of library 

board. 

4002. Lib;'ary tax and how expended. 
4002-1. Cleveland library board to hold 

title and control property. 

4002-2. Can purchase, lease or condemn. 

4002-3. Proceedings to condemn. 

4002-4. Donations. 

4002-5. Exempt from tax and execution. 

4002-6. Oath. 

4002-7. Organization. 

4002-8. Annual report. 

4002-9. No member of board to be inter- 
ested in contract, except; valid- 
ity of contract. 

4002-10. Use of library and reading room. 

4002-11. Bonds to pay for land and build- 
ings. 

4002-12. Resolution to issue; sale of. 

4002-13. Sinking fund. 

4002-14. Trustees of such sinking fund. 

4002-15. Their organization. 

4002-16. Their duty to certify tax. 

4002-17. Investments by. 

4002-18. One-tenth of one mill may be ap- 
propriated in certain cities for 
maintaining public library; pro- 
viso. 

4002-19. Establishment of Toledo public 
library; tax for library fund. 

4002-20. Repealed. 

4002-21. Board of trustees. 

4002-22. Transfer of libraries to such board 
by the board of education. 

4002-23. Organization of trustees; regula- 
tions; powers; deposit of library 
funds; warrants; power to pur- 
chase or condemn grounds; 
issue and sale of public library 
building bonds; payment of said 
bonds and Interest ; title to 
grounds purchased ; librarians 
and assistants. 

4002-24. Additional bonds authorized to be 
issued for certain purposes. 



60 



OHIO SCHOOL LAWS. 



Ch. 8. 



School Houses and Libraries. 



Section. 

4002-42. Who may use library. 

Annual report. 

Donations. 

Tax to assist existing library as- 
sociation. 

Library associations in certain 
cities; levy. 

Disposition of tax. 

Association to render account; 
power to levy tax. 

Tax in lieu of other taxes ; 
purcliase of school apparatus; 
levy. 

Consottidation oif libraries in 
Portsmouth authorized. 

Board of Portsmouth to appoint 
library committee. 

Powers and duties of such com- 
mittee. 

Powers and duties of library com- 
mittees in Portsmouth. 
Sections 1 and 2 of an act to transfer li- 
brary from municipality to 
school district. 



4002-43. 
4002-44. 
4002-45. 

4002-46. 

4002-47. 
4002-48. 

4002-49. 

4003. 
4004. 
4005. 
4006. 



Section. 

4002-25. Purchase of site for library. 

4002-26. Appropriation of private property. 

4002-27. Additional building bonds. 

4002-28. Said library to be free subject to 
reasonable rules. 

4002-29. Annual report to city council. 

40U2-30. Penalty for injuring library prop- 
erty. 

4002-31. Power of trustees to accept de- 
vises, donations, etc. 

4002-32. Dayton public library board; elec- 
tion of. 

4002-33. Political composition of; terms; 
vote required to elect. 

4002-34. Powers and duties. 

4002-35. Expenses of library for ensuing 
year. 

4002-36. Tax for library fund; custodian; 
disbursements and balance. 

4002-37. Provisions governing board. 

4002-38. Museum may be established. 

4002-39. Certain cities and villages may 
have library; tax. 

4002-40. Directors. 

4002-41. Organization, by-laws, etc; con- 
trol of expenditures; custody of 
building ; how money drawn from 
treasury; librarian and assist- 
ants. 

Sec. 3987. [School houses.] The board of education of any dis- 
trict is empowered to build, enlarge, repair and furnish the necessary 
school houses, purchase or lease sites therefor, or rights of way 
thereto, or rent suitable school-rooms, provide all the necessary ap- 
paratus and make all other necessary provisions for the schools 
under its control ; also, the boards shall provide fuel for schools, 
build and keep in good repair all fences inclosing such school houses, 
plant when deemed desirable shade and ornamental trees on the 
school grounds, and make all other provisions necessary for the con- 
venience and prosperity of the schools within the sub-districts. (89 
V. 95; 83 V. 84; 82 V. 86; Rev. Stat. 1880; 70 v. 195, § 55.) 

Sec. 3987-1. [Regulating use of school houses.] That when, in 
the judgment of any board of education, it will be for the advantage 
of the children residing in any school district to hold literary societies, 
school exhibitions, singing schools, religious exercises, select or nor- 
mal schools, the board of education shall authorize the opening of such 
school houses for the purposes aforesaid. And the board of education 
of any school district shall have discretionary power to authorize the 
opening of such school houses for any other lawful purposes ; pro- 
vided, however, that nothing herein contained shall be construed 
to authorize any board of education to rent or lease any school 
house when such rental or lease shall in any wise interfere with the 
public schools in such district, or for any purpose other than such 
as is authorized by this act. (91 v. 44; 89 v. 147; 87 v. 240; 86 v. ii.) 



OHIO SCHOOL LAWS. 61 



School Houses and Libraries. Ch. 8. 

Sec. 3988. [Directions for bidding, and for letting contracts.] 

When a board of education determines to build, repair, enlarge or 
furnish a school house or school houses, or make any improvement 
or repair provided for in this chapter, the cost of which will exceed 
in city districts, fifteen ■ hundred dollars, and in other districts five 
hundred dollars, except in cases of urgent necessity, or for the 
security and protection of school property, it shall proceed as follows : 
(i) The board shall advertise for bids, for the period of four 
weeks, in some newspaper of general circulation in the district, and 
two such newspapers, if there are so many ; and if no newspaper has 
a general circulation therein, then by posting such advertisement in 
three public places therein, which advertisement shall be entered in 
full by the clerk, on the record of the proceedings of the board. 

(2) The bids, duly sealed, shall be filed with the clerk by 
twelve o'clock, noon, of the last day stated in the advertisement. 

(3) The bids shall be opened at the next meeting of the board, 
be publicly read by the clerk, and entered in full on the records of 
the board. 

(4) Each bid shall contain the name of every person interested 
in the same, and shall be accompanied by a sufficient guarantee of 
some disinterested person, that if the bid be accepted, a contract will 
be entered into, and the performance of it properly secured. 

(5) When both labor and materials are embraced in the work 
bid for, each must be separately stated in the bid, with the price 
thereof. 

(6) None but the lowest responsible bid shall be accepted; but 
the board may, in its discretion, reject all the bids, or accept any bid 
for both labor and material which is the lowest in the aggregate 
for such improvement or repair. 

(7) Any part of a bid which is lower than the same part of 
any other bid, shall be accepted, whether the residue of the bid is 
higher or not ; and if it is higher, such residue shall be rejected. 

(8) The contract shall be between the board of education and 
the bidders, and the board shall pay the contract price for the work, 
when it is completed, in cash, and may pay monthly estimates as 
the work progresses. 

(9) When two or more bids are equal, in the whole, or in any 
part thereof, and are lower than any others, either may be accepted, 
but in no case shall the work be divided between the makers thereof. 

(10) When there is reason to believe that there is any col- 
lusion or combination among the bidders, or any number of them, the 



62 



OHIO SCHOOL LAWS. 



Oh. 8. School Houses and Libraries. 

bids of those concerned therein shall be rejected. (Passed and ap- 
proved April 25, 1904.) 

Sec 3989. Repealed April 25, 1904. 

Sec. 3990. [When boards may appropriate property.] When it 
is necessary to procure or enlarge a school house site, and the 
board of education and the owner of the proposed site or addition 
are unable from any cause to agree upon the sale and purchase 
thereof, the board shall make an accurate plat and description of 
the parcel of land which it desires for such purpose, and file the 
same with the probate judge of the proper county; and thereupon 
the same proceedings of appropriation shall be had which are pro- 
vided for the appropriation of private property by municipal corpor- 
ations. (70 V. 195, § 65.) 

Sec. 3991. [Bond issue, vote on.] When the board of educa- 
tion of any school district determines that it is necessary for the 
proper accommodation of the schools of such district to purchase 
a site or sites to erect a school house or houses, to complete a par- 
tially built school house, to enlarge, repair or furnish a school 
house, or to do any or all of said things, and that the funds at the 
disposal of said board or that can be raised under the provisions 
of section 3994 of the Revised Statutes of Ohio, are not sufficient 
to accomplish said purpose and that a bond issue is necessary, the 
board shall make an estimate of the probable amount of money re- 
quired for such purpose or purposes and at a general election or a 
special election called for that purpose, shall submit to the electors of 
the district the question of the issuing of bonds for the amount so esti- 
mated ; notices of the election required herein shall be given in the 
manner as provided in section thirty-nine hundred and seventy dash 
eleven. (Passed and approved April 25, 1904.) 

Sec. 3992. [Bond issue, when election favorable.] If a majority 
of the electors, voting on the proposition to issue bonds, shall vote 
in favor of said issue, the board shall be thereby authorized to issue 
bonds for the amount indicated by the vote provided for in section 
thirty-nine hundred and ninety-one , the issue and sale of said bonds 
to be provided for by a resolution fixing the amount of each bond, 
the length of time they shall run, the rate of interest they shall bear, 
and the time of sale which may be by competitive bidding at the 
discretion of the board; the bonds shall bear a rate of interest not to 
exceed six per cent, per annum payable semi-annually, shall be made 
payable within at least forty years from the date thereof, be num- 
bered consecutively, made payable to the bearer, bear date of the 
day of sale and be signed by the president and clerk of the board 



OHIO SCHOOL LAWS. 63 



School Houses and Libraries. Ch. 8. 

of education; the clerk of the board shall keep a record of the 
number, date, amount, and the rate of interest of each bond sold, 
the amount received for the same, the name of the person to whom 
sold, and the time when payable, which record shall be open to the 
inspection of the public at all reasonable times ; and the bonds so 
issued shall in no case be sold for a less sum than their par value, 
nor bear interest until the purchase money for the same shall have 
been paid by the purchaser. (Passed and approved April 25, 1904.) 

Sec. 3993. [Tax levy for bonds to be certified to county auditor.] 
When an issue of bonds has been provided for under sections thirty- 
nine hundred and ninety-one and thirty-nine hundred and ninety-tzvo 
the board of education shall certify annually, to the county audi- 
tor or auditors as the case may require, a tax levy sufficient to pay 
said bonded indebtedness as the same shall fall due together with 
accrued interest thereon ; the county auditor or auditors shall place 
said levy on the tax duplicate and it shall be collected and paid 
to the board of education in the same manner as other taxes are 
collected and paid. The tax levy provided for herein shall be in 
addition to the tax levy provided for under section thirty-nine hun- 
dred and Hfty-nine and shall be kept in a separate fund by the 
board of education and applied only to the payment of the bonds 
and interest for which it was levied. (Passed and approved April 25, 
1904.) ■ 

Sec. 3994. [Bond issue without vote; limitations.] The board of 
education of any school district may issue bonds to obtain or improve 
public school property, and in anticipation of income from taxes, for 
such purposes, levied or to be levied, may, from time to time, as occa- 
sion requires, issue and sell bonds, under the restrictions and bearing 
a rate of interest specified in section thirty-nine hundred and ninety- 
tzvo and shall pay such bonds and the interest thereon when due, but 
shall provide that no greater amount of such bonds shall be issued 
in any year than would equal the aggregate of a tax at the rate of two 
mills, for the year next preceding such issue, but the order to issue 
bonds shall be made only at a regular meeting of the board and by a 
vote of two-thirds of the full membership of the board, taken by yeas 
and nays and entered upon the journal of the board ; but in no case 
shall a board of education issue bonds under the provisions of this 
section in a greater amount than can be provided for and paid with 
the tax levy provided for under section thirty-nine hundred and fifty- 
nine of the Revised Statutes of Ohio, and paid within forty years 
after the bond issue on the basis of the tax valuation at the time of 
the bond issue. (Passed and approved April 25, 1904.) 

Sec. 3995. Repealed April 25, 1904. 



64 OHIO SCHOOL LAWS. 



Ch. 8. School Houses and Libraries. 

Sec. 3996. Repealed April 25, 1904. 

Sec. 3997. Repealed April 25, 1904. 

Sec. 3998. ■* Repealed April 25, 1904. 

(3998-1) Sec. I. [Boards of education authorized to provide 
for establishment, etc., of pubHc library; taxation.] That the board of 
education of any city, village or special school district may by reso- 
lution, provide for the establishment, control and maintenance, in 
such school district, of a public library, free to all the inhabitants of 
such district, and for that purpose may acquire by purchase the neces- 
sary real property, and erect thereon a library building; it may 
acquire from any library association, by purchase or otherwise, its 
library and property; may receive donations and bequests of money 
or property for such library purposes and may maintain and support 
libraries now in existence and controlled by the board of education ; 
and such board of education may annually make a levy upon the 
taxable property of such school district, in addition to all other taxes 
allowed by law, of not to exceed one mill for a library fund to be 
expended by such board of education, for the establishment, support 
and maintenance of such public library. (96 v. 8.) 

(3998-2) Sec. 2. [Board of library trustees; how constituted; 
qualifications; terms; vacancies; compensation; powers.] The board 
of education may provide for the management and control of such 
library by a board of trustees to be elected by said board of education 
as herein provided. Such board of library trustees shall consist of 
seven members, who shall be residents of the school district, and no 
one shall be eligible to membership on said library board who is or 
has been for a year previous to his election, a member or officer of 
the board of education. The term of office shall be seven years, 
except that at the first election the terms shall be such that one mem- 
ber shall retire each year. Should a vacancy occur in said board, 
it shall be filled by the board of education for the unexpired term. 
The members of said library board shall serve without compensation 
and until their successors are elected and qualified. Such library 
board in its own name shall hold the title to and have the custody, 
management and control of all libraries, branches, stations, reading 
rooms, and of all library property, real and personal, of such school 
district, and the expenditure of all moneys collected or received from 
any source for library purposes for such district. It shall have power 
to employ a librarian and assistants, but previous to such employ- 
ment the compensation of such librarian and assistants shall be 
fixed. Such library board shall have the power, by a two-thirds vote 
of its members, to purchase or lease grounds and buildings, and erect 



OHIO SCHOOL LAWS. 65 



School Houses and Liibraries. Ch. 8. 



buildings for library purposes. It may accept any gift, devise or 
bequest for the benefit of such library. No member of the library 
board shall be interested, directly or indirectly, in any contract 
made by the board. The library board shall report annually in writing 
to the board of education. (96 v. 8.) 

(3998-3 ) Sec. 3. [When library to be under control of such 
board.] Whenever in any city, village or special school district a 
library established or controlled by a board of education shall contain 
twenty-five thousand or more volumes, it shall be managed, governed 
and controlled by a board of trustees elected by the board of edu- 
cation as provided in section 2 of this act. (96 v. 9.) 

(3998-4) Sec. 4. [Library fund; how provided and maintain- 
ed; payments from.] Said board of library trustees shall annually, 
during the month of May, certify to the board of education the amount 
of money that will be needed for increasing, maintaining and operat- 
ing said library during the ensuing year in addition to the funds 
available therefor from other sources ; and such board of education 
shall annually levy on each dollar of taxable property within said 
school district, in addition to other levies authorized by law, such 
assessment not exceeding one mill, as shall be necessary to realize 
the sum so certified, the same to be placed on the tax duplicate and 
collected as other taxes. The proceeds of the said tax shall constitute 
a fund to be known and designated as the library fund: Payments 
therefrom shall only be made upon the warrant of the board of 
trustees of the library, signed by the president and secretary thereof. 
(96 v. 9.) 

(3998-5 ) Sec. 5. [Board of education may contract with library 
association for use of library.) The board of education in any city, 
village or special school district shall have power to contract annually 
with any library corporation or other organization owning' and 
maintaining a library, for the use of such library by the residents of 
such district, and it shall have power to levy annually a tax not ex- 
ceeding one mill on the taxable property of such district to pay for 
the same; and such board of education shall require an annual re- 
port in writing from such library corporation or other organization. 
(96 V. 9.) 

(3998-6 ) Sec. 6. [School library.] The board of education of 
any school district of the state, in which there is not a public library 
operated under public authority and free to all the residents of such 
district, may appropriate annually not to exceed two hundred and 
fifty dollars annually from its contingent fund for the purchase of 
books, other than school books, for the use and improvement of the 

5-S. li. 



66 



OHIO SCHOOL LAWS. 



Ch. 8. School Houses and Libraries. 

teachers and pupils of such school district. The books so purchased 
shall constitute a school library, the control and management of 
which shall be vested in the board of education, which board shall 
have power to receive donations and bequests of money or property 
for such library. (96 v. 9.) 

(3998-7) Sec. 7. [Museum.] The board of education of any 
school district, or any board of trustees managing and controlling 
a library in any school district, may found and maintain a museum 
in connection with and as an adjunct to such library, and for such 
purposes may receive bequests and donations of money or other 
property. (96 v. 9.) 

(3998-8) Sec. 1 8. [Taking effect; existing laws.] This act 
shall take effect and be in force on and after November 15, 1902, and 
all acts or parts of" acts not inconsistent herewith under which exist- 
ing libraries are maintained, governed and controlled, shall be and 
remain in full force and effect. (96 v. 10.) 

(3998-9) Sec. I. [City board of education may acquire private 
library ; shall be made a public library ; board of managers ; vacancies 
in board.] That whenever in any city organized under chapter 4, 
division 2, of title 12, of the Revised Statutes of Ohio, there is a library 
owned by a private incorporated or unincorporated association which 
the owners, or managers thereof, are willing to dispose of and to trans- 
fer to the board of education of such city or school district within 
which said city is situate, the said board of education is hereby author- 
ized to acquire from said association by purchase, or otherwise, said 
library and the property used by said association for library purposes. 
Upon acquiring title to said library and property, the said board of 
education shall declare the same to be a public library and shall 
elect a board of managers therefor, consisting of six persons, two of 
whom, at the first election shall be elected for a period of three years, 
two for a period of twp years, and two for a period of one year, and 
thereafter, upon the expiration of said terms, and all succeeding terms, 
said managers shall be elected for three years. And said board of 
education shall fill vacancies in said board of managers for unexpired 
terms in like manner, and said board of managers shall at all times 
be amenable to and under the control of said board of education as to 
tenure of office and authority and shall serve without compensation. 
The president of said board of education shall be ex-officio a member 
of said board of managers, but otherwise, no member of said board of 
education shall be a member of said library board, (95 v. 74.) 

(3998-10) Sec. 2. [Powers and duties of managers.] Said 
board of managers shall have the care, custody, control and manage- 



OHIO SCHOOL LAWS. 



67 



School Houses and Libraries. Cli. 8. 



ment of said library and property, under such rules and regulations 
as they shall prescribe and shall have the power to receive donations 
of land, money and other things of value, and to hold, dispose of, or 
use the same for the benefit of such library. The use of said library 
shall be free to all residents of said city and territory thereto attached 
for school purposes. Said board shall have the power to lease or 
rent suitable place for the use of said library and establish a reading 
room or rooms in connection therewith. (95 v. 74.) 

(3998-11.) Sec. 3. [Organization of board; librarian and assist- 
ants,] Said board of managers shall elect from their number a presi- 
dent, vice-president, and secretary, and shall appoint a librarian and 
such assistants and employes as may be necessary for the proper con- 
duct of said library. The term of office of said appointees shall be 
at the pleasure of the board, but shall not exceed three years. 
(95 V. 74-) 

. (3998-12.) Sec. 4. [Tax levy; expenditure of funds.] For the 
purpose of paying for such library purchased and of maintaining and 
increasing said library and reading rooms, the said board of education 
may levy upon the general tax duplicate of the school district within 
which such city is situate, a tax not to exceed six-tenths of one mill 
on each dollar of valuation of the taxable property of said school dis- 
trict which shall be levied, assessed and collected as other taxes levied 
by said board and shall be in addition thereto. The proceeds of said 
tax when collected, shall constitute and be called the library fund, and 
shall be paid to the treasurer of the school district, who shall disburse 
same only upon warrant of said board of managers, signed by the presi- 
dent and secretary thereof. Said board of managers shall expend said 
fund in the purchase of books, pamphlets, papers, magazines, period- 
icals, journals, furniture, and such other property as may be necessary 
for such library and reading rooms and in the payment of all proper 
charges for maintenance including the compensation of the librarian 
and other employes of said board. No part of said fund shall be 
transferred or used for any other purpose than as provided in this 
section. All money heretofore appropriated, received, or collected 
by tax levied for public library purposes in said city, or school district, 
and remaining unexpended shall be transferred to said library fund, 
and be expended by said board of managers in accordance with 
the provisions of this act. (95 v. 74.) 

Sec. 3999. [In certain cities bpard may appoint managers of 
library.] In cities not having less than twenty thousand inhabi- 
ants, the board of education having custody of any public library 
therein, may, at any regular meeting, adopt a resolution providing 



68 OHIO SCHOOL LAWS. 



Ch. 8. School Houses and Libraries. 

for a board of managers of such library, and shall thereupon elect 
by ballot, two persons to serve as members of such board for a term 
of three years, two persons to serve for a term of two years, and 
two persons to serve for a term of one year ; and annually there- 
after two persons shall be elected to serve for a term of three years ; 
all vacancies in such board shall be filled by the board of education 
by ballot, and a person so elected shall serve during the unexpired 
term of his predecessor; the president of the board of education 
shall be a member of the board of managers, ex-officio ; and the 
board of managers shall at all times be amenable to and under the 
control of the board of education, as to tenure of office and authority, 
and shall serve without compensation, 

[Board of trustees in Cincinnati; how appointed; terms.] Pro- 
vided, that in cities of the first grade of the first class upon the 
expiration of the terms of office of the trustees of the public library 
therein, heretofore appointed under this section, as amended April 
3c, 1891, there shall be appointed as successors to said board, a 
board of trustees of said library consisting of seven persons, as 
follows : Two by the board of education of the school district 
within which such city is situated, two by the board having charge 
of the high schools of such city, two by the directors of the univer- 
sity in such city, one of each of said appointees shall hold his office 
for two years, and one for three years ; and one by the judges of the 
court of common pleas of the county within which such city is situated, 
who shall hold his office for a period of three years ; and thereafter 
said boards and said judges shall, upon the expiration of the terms 
of office of said appointees, and each three years thereafter, appoint 
successors to said trustees. The appointee aforesaid of the judges 
of the court of common pleas shall succeed in said board of trustees 
the president of the board of education, who theretofore was, by 
virtue of his said office, a member of said board of trustees, and 
thereafter the right of such president of said board of education 
aforesaid of membership in said board of trustees of said library 
shall cease. 

[Vacancies.] All vacancies in said board of trustees of said 
library shall be filled by the respective bodies having the power of 
appointment. Provided, however, that nothing herein shall be con- 
strued in any wise to abridge the term of office or curtail the powers 
or duties of the trustees of the public library in cities of the first 
grade of the first class, appointed under this section as amended 
April 30, 1891, during the terms of office for which they were ap- 
pointed. (93 V. 192 ; 88 V. 446; 64 V. 100, § I ; S. & S. 722.) 



OHIO SCHOOL LAWS. 69 



School Houses and Libraries. Ch. 8. 

Sec. 3999a. [Residents of Hamilton county entitled to use of city 
library.] Each and every resident of the county within which is situ- 
ated any city of the first grade of the first class, having therein es- 
tablished a public library, shall be entitled to the free use of such 
library, reading rooms and any branch or department of the same, 
and all the privileges thereof, upon such terms and conditions not 
inconsistent herewith, as the board of trustees of such library may 
prescribe. (94 v. 204; 93 v. 193.) 

Sec. 3999^. [Powers of trustees in Cincinnati.] The board of 
trustees of the public library in cities of the first grade of the first 
class shall have sole and exclusive charge, custody and control of 
the public library in such city, including all property, both real 
and personal, used and occupied by such library, whether acquired 
heretofore or hereafter, and shall have full power to make all rules 
and regulations necessary for the proper government, maintenance, 
care and management thereof, and to provide therefor. Said board 
of trustees shall have power over, and exclusive control of, the library 
fund hereinafter provided for, and of the expenditure of all moneys 
collected to the credit thereof. They shall have power and it shall 
be their duty to establish in said city and throughout the county 
within which is situated said library, reading rooms, branch libraries 
and library stations in connection with said library, and to lease 
and furnish said rooms, buildings or parts thereof as are required 
for such purposes, and to pay all necessary expenses connected there- 
with. They shall have power, and it shall be their duty to purchase 
and pay for all books, periodicals, magazines and other literature 
and supplies necessary, in their judgment, for said public library, 
reading rooms, branch libraries and library stations, and to incur the 
necessary expenditures for the encouragement and advancement of 
the best use of such library, reading rooms, branch libraries and 
library stations by the public ; all such purchases, payments and ex- 
penditures to be made out of said library fund hereinafter pro- 
vided for. 

[Employment of librarian and assistants.] They shall have 
power, and it shall be their duty, to employ a librarian, assistant 
librarians, and other necessary assistants for such public library, 
reading rooms, branches and stations, to fix the compensation of 
persons so employed, and to pay the same out of said library fund. 
Said library board may fix the term of any such person employed 
by them for any period not to exceed one year. (93 v. 193.) 

Sec. 3999c. [Tax for library purposes in Cincinnati.] For the 
purpose of increasing, maintaining and managing the public library 



70 OHIO SCHOOL LAWS. 



Cli. 8. School Houses and Libraries. 

in cities of the first grade of the first class, for which a board of 
trustees shall have been appointed, as provided in section 3999, the 
said board of trustees may levy annually a tax of not exceeding five- 
tenths of a mill on each dollar of valuation of the taxable property of 
the county wherein is situated such city, to be assessed, collected and 
paid in the same manner as are other taxes levied throughout the 
county. Said levy shall be certified by said board of trustees to the 
auditor of the county in which said city is situated, and shall be 
placed by said auditor on the tax duplicate and collected as other taxes. 
The money realized from said levy, and all moneys received or col- 
lected by said trustees for the library, shall be placed in the treasury 
of said county, subject to the order of said board of trustees of said 
library. Said fund shall be known as the library fund of said county, 
of which the county treasurer shall be the custodian, and no money 
shall be drawn therefrom, except upon the requisition of the board of 
trustees of said library, certified by the president and secretary of said 
board, directed to the county auditor, who shall draw his warrant on 
the county treasurer therefor. Any part of said funds unexpended 
during any year shall remain to the credit of said library fund. (94 v. 
204; 93 V. 194.) 

Sec. 3999c- 1. [Provisions relating to tax and expenditures for 
library purposes in Cincinnati.] The provisions, requirements, limi- 
tations and inhibitions of sections 1005, 1006, 1007, 1008 and 1009 of 
the Revised Statutes of Ohio, shall apply to and govern the levying 
of taxes and the making of appropriations and expenditures for library 
purposes in and for any city of the first grade of the first class situate 
in any county having a board of control, in all respects and as fully as 
said sections apply to and govern any such county in the levying of its 
taxes and in providing for its yearly expenditures ; and it shall be un- 
lawful in any such county to levy any tax for library purposes or to 
make any expenditure from any library fund, created under section 
3999c of the Revised Statutes, without the action thereon of the coun- 
ty auditor and of the board of county commissioners and of the board 
of control, in the manner prescribed in and by said several sections 
1005, 1006, 1007, 1008 and 1009 : Provided, however, that in the year 
1902 the report required by said section 1008 shall be made by the 
board of trustees of any public library of any such city on or before 
the first Monday of May of said year, and that the statements re- 
quired by said section 1005 shall be made by the county auditor, as to 
the tax for library purposes in such cities, on or before the first Mon- 
day of June of said year, and the first appropriation of funds pro- 
vided for by this act shall be made for the six months, ending Decem- 
ber 31st, 1902, in accordance with said section 1007. The secretary of 



OHIO SCHOOL LAWS. 71 



School Houses and Libraries. Cli. 8. 

the board last named shall, on demand, furnish to the county auditor, 
board of county commissioners, and board of control any information 
relating to the finances of said board, which either may deem neces- 
sary in the proper discharge of the duties imposed by this act. The 
provisions of section 2834^ of the Revised Statutes shall apply to all 
contracts, agreements, obligations and orders involving the expendi- 
ture of money, entered into or made by the board of trustees of the 
public library of any such city, and any action of any such board, 
contrary to the provisions of said section, shall be void, except that 
the certificate of the county auditor required by said section shall not 
be necessary in case of current expenditures, or in case of any other 
expenditures not exceeding five hundred dollars, or in case of con- 
tracts for the employment of officers, assistants or other employes of 
such board. (95 v. 361.) 

Sec. 3999c?. [Disposition of unexpended fund heretofore raised 
for library purposes in Cincinnati.] The amount of any fund hereto- 
fore raised by a levy or tax by the board of education in such city for 
school library purposes, and all library funds remaining unexpended, 
shall be transferred from the respective funds to the library fund 
herein created, to be expended and paid out as herein provided for 
funds produced by a levy made by said board of trustees, and any 
and all funds, bonds, stocks or other species of property held by the 
board of education of such city, or by any of the departments of 
such city for the benefit of the public library thereof, shall be trans- 
ferred to the board of trustees of such public library, to be held and 
controlled by them subject to the terms of the respective donations. 
(93 V. 1 94-) 

Sec. 3999^. [Who ineligible as members of the library board.] 
No member of any of the boards exercising the power of appoint- 
ment of the trustees of the public library, as provided in section 
3999, shall be appointed or elected a member of said library board, 
(94 V. 204.) 

(3999/) Sec. I. [Carnegie donation, library trustees may ac- 
cept.] That the board of trustees of the public library of the school 
district of Cincinnati be and it is hereby authorized to receive and 
accept the said donation of Andrew Carnegie upon the terms and 
conditions therein expressed, the branch libraries constructed under 
the provisions of said donation to be by said library trustees and 
their successors equipped, furnished and maintained, and forever 
kept open for the free use of the public. (95 v. 902.) 

(3999^) Sec. 2. [Bonds for sites, equipment, etc., of libraries.] 
That for the purpose of providing the sites and furnishing the 



72 OHIO SCHOOL LAWS. 



Ch. 8. School Houses and Libraries. 



equipment necessary for said branch libraries the said board of trus- 
tees is hereby authorized and empowered to borrow as a fund there- 
for such sum as be necessary, not exceeding one hundred and eighty 
thousand dollars, and to issue registered or coupon bonds therefor, 
which shall be known and designated as "The Public Library bonds 
of the school district of Cincinnati," and shall be issued in such sums 
and be made payable at such times and places as shall be deemed 
best by said board. Said bonds shall be signed by the president 
and secretary of said board and a record kept thereof. They shall 
bear a rate of interest not exceeding three and one-half per centum 
per annum, and shall not be sold for less than par, nor until after 
four successive weekly advertisements in two newspapers published 
and of general circulation in said city. For the purpose of paying the 
interest and providing a sinking fund for the final redemption of 
said bonds, the said board of trustees shall levy annually a tax upon 
the taxable property of said school district sufficient in amount to 
pay the said interest upon said bonds, and to provide a sinking fund 
for their final redemption. The said tax shall be certified annual- 
ly by said trustees to the auditor of the county in which said school 
district is situate, and shall be by him placed upon the tax duplicate 
of said district in addition to all other taxes allowed by law, and said 
tax shall be levied, assessed and collected as other taxes. The pro- 
ceeds of said tax, when collected, shall be credited to the said library 
trustees as trustees of the sinking fund for the payment of the said 
bonds and interest. Said trustees shall pay therefrom the said annual 
interest upon said bonds, and the portion assessed and collected for the 
sinking fund shall be invested by them in bonds of the United States, 
state of Ohio, or the city of Cincinnati, and from the proceeds of said 
investment they shall pay the said bonds at maturity. (95 v. 902.) 

(3999/i) Sec. 3. [Power of trustees to lease or purchase sites, 
etc.; contracts for branch libraries; title to property.] Said library 
trustees shall have power to purchase or lease and to hold land neces- 
sary for suitable sites on which to erect said branch libraries, and 
shall use said fund in the payment therefor, and in suitably equip- 
ping said libraries for use. It shall require the affirmative vote of 
not less than two-thirds of the members of said board to purchase 
or lease any such land or to make any contracts concerning the 
erection of such branch libraries. Purchases made may be for cash 
or on time, and if on time, said board may issue its obligations 
for the deferred payments and secure the same by mortgage upon 
the land purchased. Said trustees shall have power and they are 
hereby authorized to make all necessary contracts for the construe- 



OHIO SCHOOL LAWS. 73 



School Houses and Libraries. Ch. 8. 



tion, furnishing and equipping of such branch libraries. The title to the 
land acquired under this act shall be taken in the name of "The trustees 
of the Public Library of the school district of Cincinnati," and shall 
be held by them in trust for public library purposes, and said trus- 
tees shall have the care, custody, management, and control of all 
property provided for public library purposes under this act. (95 v. 
903O 

(3999O Sec. 4. [Exemptions from taxes, execution, etc.] All 
property, real and personal, vested in such library board or used 
for library purposes, shall be exempt from taxation, and from sale 
on execution, or any writ or order in the nature of an execution. 
(95 V. 903.) 

(39997) Sec. 5. [Donations, taxes, etc.] Said trustees shall 
have the right to receive and accept donations of land, money, or 
other thing of value, and to invest, use, or dispose of the same in 
the interest of the library. (95 v. 903.) 

(3999^) Sec. 6. [Power of trustees to control funds; contracts 
for buildings, etc.] The said library trustees, and their successors 
shall be the trustees of said fund so as aforesaid raised and pro- 
vided, and shall have the control and disbursement of the same. 
They may maintain and defend suits, appoint, employ, and pay offi- 
cers and agents. No contract shall be made for any part of the con- 
struction of said library building, or for any work to be done in 
connection therewith, which shall involve the expenditure of more 
than five hundred dollars, save upon public advertisement for not 
less than thirty days in two newspapers, printed and of general 
circulation in said city, inviting proposals therefor. Said trustees 
shall have power to take such security from any officer, agent, or 
contractor chosen, appointed, or employed by them as they shall 
deem advisable. They shall not become surety for any officer, agent 
or contractor, or be interested directly or indirectly in any contract 
concerning said library. (95 v. 903.) 

(3999/) Sec. 7. [Officers of trustees; depositories of funds, etc.j 
The said trustees shall choose from their number a president, vice- 
president, secretary and treasurer, and may select a depository within 
said city which shall be a national bank or trust company organized 
under the laws of this state in which to deposit any funds coming 
into the hands of said treasurer, and they may make contracts for the 
safe keeping of said funds and the payment of interest thereon. 
(95 V. 904.) 

Sec. 4000. [Cleveland public library.] The public library board 
of the city of Cleveland shall consist of seven suitable persons. 



74 



OHIO SCHOOL LAWS. 



Ch. 8. School Houses and Libraries. 

residents of said city, no one being a member or officer of the 
board of education. The members of the library board shall serve 
without compensation and hold their offices for three years, and 
until their successors shall have been elected and qualified, except 
that at the first election two of the board shall be elected for one 
year, two for two years, and three for three years. After said 
first election so many shall be elected each year as equals the num- 
ber whose term expires that year. They shall be elected by roll-call 
as in other cases by the board of education of the city of Cleveland, at 
its first regular meeting after the third Monday in April, 1886, and 
annually thereafter as hereinbefore provided. The board of education 
shall have power at any time to fill vacancies in the library board for 
unexpired terms by election as aforesaid. (1886, April 28; 83 v. 104; 
80 V. 172; Rev. Stat. 1880; 75 v. loi, § i.) 

Sec, 4001. [Powers and duties of library board.] Such library 
board shall report in writing to the board of education once each year, 
and oftener if required by the latter, shall have exclusive charge and 
control of the public library of the city, and shall have full power to 
make all rules and regulations for the government and management 
thereof; to employ a librarian and such assistants and help as may be 
needed for the care and protection of the library, and to attend to the 
drawing and return of books ; but prior to such employment the com- 
pensation of such librarian, assistants and help, shall be fixed by the 
library board, by a majority of the members thereof voting in favor 
of such compensation, on roll-call by the secretary, and such librarian, 
assistants and help shall be employed by a vote in the same manner. 
(1883, April 18; 80 V. 172; 78 V. 132; Rev. Stat. 1880; 76 v. 50, § 2.) 

Sec. 4002. [Library tax^ and how expended.] For the purpose of 
increasing and maintaining the public library in said city, and the ter- 
ritory thereto attached for school purposes, such library board may 
levy annually a tax of eight-tenths of one mill on each dollar valuation 
of the taxable property of the city, and the territory thereto attached 
for school purposes, to be levied, collected and paid in the same manner 
as are school taxes of the city ; all money appropriated, received oi 
collected by tax for the library, shall be expended under the direction oi 
the library board in purchasing such books, pamphlets, papers, maga- 
zines, periodicals, journals and other property as may be deemed 
suitable for the public library and in payment of all other charges and 
expenses, including compensation of the librarian, assistants and help 
that may be incurred in increasing and maintaining the library, and 
all claims against said fund shall be approved by the president and 
secretary of said library board and paid upon the warrant of the auditor 



OHIO SCHOOL LAWS. 75 



School Houses and Libraries. Cti. 8. 

of the board of education in the manner now provided by law for the 
payment of claims against said city. (94 v. 26; 91 v. 268, 123; 90 v. 
96; 80 V. 172, 173 ; Rev. Stat. 1880; 76 v. 50, § 3 ; 95 v. 438.) 

(4002-1.) Sec. I. [Cleveland library board to hold title and con- 
trol property.] Said library board, in its own name shall hold the 
title to and have the custody, management and control of all property 
of said library board, both real and personal, whether acquired here- 
tofore, or hereafter, and shall have power over, and the executive 
control of the expenditures of moneys collected for the purpose of 
purchasing lands, and erecting buildings and also have complete cus- 
tody, management and control of all public libraries and branches 
and stations thereof, and the reading rooms connected therewith. 
(92 V. 590.) 

(4002-2) Sec. 2. [Can purchase, lease or condemn.] Said 
library board shall have power, by a two-third vote of its members 
entered upon its journal, to purchase grounds and erect suitable 
library buildings, and to lease grounds and suitable library buildings, 
and in case suitable grounds cannot be purchased, to condemn the 
grounds desired, by virtue of the power of eminent domain, and erect 
thereon suitable and appropriate buildings for library use. The title 
to such grounds so purchased or condemned and buildings erected 
shall be taken to and vest in the said library board. (92 v. 590.) 

(4002-3.) Sec. 3. [Proceedings to condemn.] When it is deem- 
ed necessary by said library [board] to condemn or appropriate pri- 
vate property, whereon to erect library buildings, said library board 
in making such appropriation shall proceed in accordance with the 
provisions of section 2235 and subsequent sections found in chapter 3, 
division 7, title 12 of the Revised Statutes of Ohio and acts amenda- 
tory thereof and supplementary thereto. (92 v. 590.) 

(4002-4.) Sec. 4. [Donations.] Said board may by resolution 
accept any gift, devise or bequest of property, real and personal, for 
the benefit of the library. (92 v. 590.) 

(4002-5) Sec. 5. [Exempt from tax and execution.] All prop- 
erty, real or personal, vested in any public library board shall be 
exempt from taxation and from sale on execution or other writ or 
order in the nature of an execution. All conveyances made by such 
library board shall be executed by the president and secretary there- 
of. (92 V. 590.) 

(4002-6) Sec. 6. [Oath.] Each person appointed a member of 
such board shall, upon entering upon the duties of his ofifice, take 
an oath or affirmation, to obey the constitution of the United States 



76 



OHIO SCHOOL LAWS. 



Ch. 8. School Houses and Libraries. 



and the constitution of the state of Ohio, and that he will faithfully 
perform the duties of his office. (92 v. 590.) 

(4002-7) Sec. 7: [Organization.] Said library board at its first 
meeting in June after the passage of this bill, and annually thereafter 
in June, shall organize by choosing a president, a vice president and 
a secretary, and in the absence of the president or his inability to act, 
the vice president shall perform the duties of the president. (92 
V. 590.) 

(4002-8) Sec. 8. [Annual report.] Said library board shall make 
an annual report to the board of education stating the condition of 
their trust, the various sums of money received from the library 
fund and from other sources and how much moneys have been ex- 
pended, and for what purposes; the number of books and period- 
icals on hand; the number added by purchase, gifts or otherwise 
during the year; the number lost or missing, the number of books 
loaned out and the general character of the books, with other sta- 
tistics, information and suggestions as they may deem of general 
interest. (92 v. 590.) 

(4002-9) Sec. 9. [No member of board to be interested in con- 
tract, except; validity of contract.] No member of such library 
board shall have any pecuniary interest, either directly or indirectly, 
in any contract made with the board or be employed in any manner 
or have any compensation from the board of which he is a member, 
except as secretary, and no contract shall be binding upon such board 
unless it be made or authorized to be made at a regular or special 
meeting of the board. (92 v. 590.) 

(4002-10) Sec. 10. [Use of library and reading room.] Every 
library and reading-room estabHshed under this act shall be free to the 
use of the inhabitants of such city and those who reside in the ter- 
ritory thereto attached for school purposes, subject, however, to 
such rules and regulations as the library board may deem neces- 
sary to adopt and publish, to protect and preserve property therein 
in order to render the use of said library and reading-room of the 
greatest benefit to the greatest number; and said library board may 
exclude and cut off from the use of said library and reading-room any 
and all persons who shall wilfully violate any of such rules and reg- 
ulations. (92 V. 590.) 

(4002-11) Sec. II. [Bonds to pay for land and building.] Said 
library board may issue bonds with interest coupons attached, to ob- 
tain land and building for a public library and to furnish the same 
and to pay the cost and expense thereof, and in anticipation of in- 
come from taxes for such purposes levied or to be levied, may from 



OHIO SCHOOL LAWS. 77 



School Houses and Liibraries. Ch. 8. 



time to time, as occasion requires, or at any time after the passage of 
this bill, issue and sell bonds, bearing interest, payable semi-annually, 
at a rate specified therein, not exceeding five per cent. (5%) per 
annum, and in such sums and at such times as the library board may 
determine, which bonds shall be numbered consecutively, made pay- 
able to the bearer and be signed by the president and secretary of 
the board and denominated "public library bonds of the city of Cleve- 
land, Ohio," and the secretary of said board shall keep a record 
of the number, date, amount and rate of interest on each bond sold, 
the sum for which and the name of the person to whom sold, and 
the time when payable, which record shall be open to the inspection 
of the public at all reasonable times, and the bonds so issued shall in 
no case be sold for a less sum than the par value nor bear interest 
until the purchase money for the same shall have been paid by 
the purchaser and such library board shall pay such bonds and the 
interest thereon when due, provided that the total issue of bonds 
shall not exceed two hundred and fifty thousand dollars ($250,000). 
(92 V. 590.) 

(4002-12) Sec. 12. [Resolution to issue; sale of.] The order to 
issue such bonds shall be made only at a regular meeting of such 
board and by a vote of five-sevenths of all the members thereof, 
taken by yeas and nays and entered on the journal of the board, 
and such bonds shall be sold to the highest bidder after being ad- 
vertised once a week for four (4) consecutive weeks in a newspaper 
having a general circulation in the county where such bonds are 
issued, and if there shall be more than one newspaper in such city 
having a general circulation in the county where such bonds are 
issued, then the sale of such bonds shall be advertised in at least 
one additional newspaper of such general circulation in such county, 
the advertisement shall state the total number of bonds to be sold, 
the amount of each, how long they are to run, the rate of interest 
to be paid thereon, whether annually or semi-annually, the law or 
section of law authorizing their issue, day, hour and place in the 
county where they are to be sold, and the privilege shall be reserved 
by such board to reject all or any bids, and if said bids are rejected 
said bonds shall be advertised and the moneys arising on pre- 
miums of the sale of said bonds as well as the principal shall be 
credited to said fund on account of which the bonds are issued and 
sold and shall be used for the purpose provided in this section. (92 
V. 590.) 

(4002-13) Sec. 13. [Sinking fund.] For the purpose of creating 
a sinking fund for the extinguishment of the bonds provided for in 



78 ■ 



OHIO SCHOOL LAWS. 



Ch. 8. School Houses and Libraries. 



the preceding section, said library board may annually until the pay- 
ments of the bonds are fully provided for, levy and collect a tax in 
addition to other taxes now authorized to be levied by it, which 
shall not exceed two-tenths of one mill upon the taxable property 
of the city of Cleveland and the territory thereto attached for school 
purposes, which tax shall be paid into the treasury of said city and 
on order of the director of accounts of said city paid over to the 
sinking fund commission hereafter provided for and by them applied 
by order of the library board to the extinguishment of the bonds in 
the preceding section provided and to no other purpose whatever, 
and the taxes so levied shall be certified and placed on the tax 
list and collected in the same manner as school taxes of said city 
and such tax shall be a lien upon the property whereon they are 
assessed and the same as state and county taxes and subject to the 
same penalties if dehnquent. (92 v. 590.) 

(4002-14) Sec. 14. [Trustees of sinking fund.] In such city 
there shall be a board designated as "the trustees of the library sink- 
ing fund of the city of Cleveland" composed of three (3) citizens 
thereof, to be appointed by the court of common pleas in the county 
in which such city is situated. The first appointment shall be one 
for the term of one year, one for the term of two years, and one 
for the term of three years and all trustees appointed thereafter 
shall serve for three years, except in case of vacancy, which shall 
be filled by said court for the unexpired term, and before any person 
appointed as a member of such board shall assume the duties of his 
office he shall give bond to the state of Ohio in the sum of five thou- 
sand dollars ($5,000) with not less than two sureties to faithfully 
discharge his said duties. (92 v. 590.) 

(4002-15) Sec. 15. [Their organization.] Such trustees imme- 
diately after appointment and qualification shall organize by appoint- 
ing one of their number as president and the director of accounts 
of such city shall act as secretary of said board of trustees and the 
library board shall provide such trustees with a place of meeting, 
and regular meetings of such trustees shall be held on the second 
Monday of January and July of each year, but other meetings may 
be called by the president or any member of the board. Their pro- 
ceedings shall be recorded in a journal kept for that purpose which 
shall at all times be open to the inspection of the library board or 
any member thereof and all questions relating to the purchase or 
sale of securities, payment of bonds or interest shall be decided 
by a viva voce vote with the name of each member voting recorded 
on the journal and no question shall be decided unless approved by a 
majority of the whole board. (92 v. 590.) 



OHIO SCHOOL LAWS. 79 



School Houses and Libraries. Ch. 8. 

(4002-16) Sec. 16. [Their duty to certify tax.] The trustees of 
such sinking fund shall in the month of May in each year and oftener, 
if required, certify to the library board the rate of tax, not exceeding 
the limit herein provided, necessary to provide a sinking fund for the 
payment of the bonds issued by authority of this bill together with 
the amount necessary to be levied to provide for the payment of 
the interest thereon, and the library board shall levy the amount 
so certified as under this act provided and for the full amount so 
certified, but said library board may increase the amount so reported, 
provided the total amount so levied does not exceed the limitation 
provided in this bill. (92 v. 590.) 

(4002-17) Sec. 17. [Investments by.] The trustees of such 
sinking fund shall invest all moneys received by them in bonds of 
the United States, state of Ohio, city of Cleveland, city of Cincinnati, 
city of Columbus, and the city of Toledo, and they shall give pref- 
erence to the bonds of the city of Cleveland, where they can be pur- 
chased at a price equal to, or, less than the bonds of the United States, 
or of the state of Ohio, taking into consideration the rate of interest 
paid on each, and the interest received shall be reinvested in like 
manner and at no time shall there be more than $5,000 kept on de- 
posit if investment can be made, and said trustees shall provide for 
the payment of all interest on said bonds herein authorized to be 
issued, together with the principal thereof at maturity of said bonds, 
from said funds so invested by them. (92 v. 590.) 

(4002-18) Sec. I. [Cleveland may appropriate from school fund 
for library.] In all cities, which, by the last federal census, had, 
and all those which hereafter, on the first day of March, in any 
year, as ascertained by any federal census, may have, a population 
exceeding ninety thousand and less than two hundred thousand in- 
habitants, it shall be lawful to appropriate from the school fund, 
an amount equal to the proceeds of one-tenth of one mill of the tax 
levy, to maintain or assist in maintaining the public library and pay 
in part the cost and expense of supporting and running any public 
library in said cities in addition to the one-tenth of one mill now 
authorized by law to be raised by taxation for that purpose ; pro- 
vided, that this act shall not be construed to authorize any increase in 
levies for school purposes, including libraries in said cities, over that 
made in 1877. (75 v. 11.) 

IN TOLEDO. 

(4002-19) Sec. I. [Toledo public library; tax for library.] In 
any city of the third grade of the first class, the city council may, by 



80 OHIO SCHOOL LAWS. 

Ch. 8. , School Houses and Libraries. 

a resolution passed by a majority of the members elected thereto, 
declare it to be essential to the interests of such city, to establish and 
maintain therein a public library and reading room. That thereafter 
the said city council shall, annually, levy a tax of thirty-five one- 
hundreths (35-100) of one mill on the dollar on the taxable property 
of such city for that purpose, to be called the library fund; and 
which levy shall be certified to the county auditor of the county, 
and by him placed on the tax duplicate of the county and collected 
as other taxes. (94 v. 166; 1888, April 12; 85 v. 209; Rev. Stat. 1880; 
70 V. 142.) 

(4002-20) Sec. la. Repealed April 14, 1900. (94 v. 166.) 

(4002-21) Sec. 2. [Board of trustees.] The custody and man- 
agement of such public library and reading-room, as well as its 
entire administration, shall be committed to a board of trustees, nine 
in number, of whom the mayor of such city for the time being 
shall be one, and the others shall be appointed by the common council, 
four of whom shall be appointed from such names as shall be nom- 
inated to the common council by the board of education of said 
city, and shall be citizens of approved learning, discretion, and fit- 
ness for such office. They shall hold their office for the term of 
four years, and until their successors are duly elected and qualified ; 
provided, that the trustees first appointed, other than the mayor, 
shall be elected respectively for terms of one, two, three, and four 
years, from the first day of January next following their election, 
two for each term. Any vacancy caused by the death, resignation, 
or removal of a trustee, or otherwise, shall be filled for his unexpired 
term by appointment of the common council. No trustees shall have 
compensation as such. (1888, April 12; 85 v. 209, 210; Rev. Stat. 
1880; 70 v. 142.) 

(4002-22) Sec. 3. [Transfer of libraries to such board by the 
board of education.] As soon as said board of trustees shall be 
elected and organized, it shall be the duty of the board of education in 
such city to transfer to the custody and control of such board of 
trustees whatever public library or libraries may be in its possession 
or control, except such books of reference, maps or charts as the 
board of education may think proper to retain for use in school build- 
ings ; and thereafter no tax shall be levied by such board of education 
for a library fund. (1888, April 12; 85 v. 209, 210; Rev. Stat. 1880; 
70 V. 142.) 

(4002-23) Sec. 4. [Organization of trustees; regulations; pow- 
ers; deposit of library funds; warrants; power to purchase or con- 
demn grounds; issue and sale of public library building bonds; pay- 



OHIO SCHOOL LAWS. 81 



School Houses and Libraries. Ch. 8. 

merit of said bonds and interest; title to grounds purchased; librari- 
ans and assistants.] Said trustees shall immediately after their 
appointment, meet and organize by the election of one of their num- 
ber as president, and by the election of such other officers as they 
may deem necessary. They shall make and adopt such by-laws, 
rules and regulations for their own government and guidance of the 
library, reading-room and employes as may be expedient and not 
inconsistent with this act. They shall have power over and the 
exclusive control of the expenditure of all moneys collected to credit 
of the library fund, and of the supervision, care, custody and control 
of the grounds and buildings constructed for such purpose, or rooms 
leased or set apart for such purpose; provided, that all moneys col- 
lected for such library, including proceeds of the bonds herein author- 
ized, and all others, shall be deposited in the treasury of said city 
to the credit of the library fund, and shall be kept separate and 
apart from other funds, and the city auditor shall issue his warrant 
when drawn upon by said board of trustees, or by its proper officers 
duly authorized. Said board shall have the power, by a two-third 
vote of said trustees entered upon its journal, to purchase grounds, 
and in case suitable grounds cannot be purchased, to condemn the 
grounds desired, and erect thereon suitable and appropriate build- 
ing or buildings for the use of said library ; the cost of such ground 
and buildings not to exceed in the aggregate the sum of $45,000; 
and for such purpose said board is authorized and empowered to 
borrow money upon bonds as hereinafter provided to pay for the 
same, not to exceed in the aggregate, the sum of $45,000; and the said 
boards of trustees is authorized to issue and sell its bonds, for the 
above named amount, with coupons for interest, divided into and 
payable in fifteen consecutive annual payments ; the first of which 
shall become due three years after their issue. Said bonds shall 
be denominated "The Public Library Building Bonds" of said city, 
and shall be for the sum of $500 each, payable to bearer, and bear 
interest at the rate not exceeding four and one-half per cent, per 
annum, payable semi-annually. Said bonds and coupons shall be 
signed by the president of said board and attested by its secretary; 
and in making sale of said bonds the said board of trustees shall 
be governed by the provisions of an act of the general assembly 
passed March 22, 1883 (O. L., vol. 80, p. 68), entitled "an act pro- 
viding for the sale of public bonds." To meet the payment of said 
bonds and interest, the said board of trustees shall appropriate and 
set apart annually from said library fund, a sum sufficient for such 
purpose, not to exceed one-half of the tax revenues collected for such 

6— s. L. 



82 OHIO SCHOOL LAWS. 



Ch. 8. School Houses and Libraries, 

year. The title to such grounds so purchased shall be taken to and vest 
in the trustees of the public library of such city; said trustees shall be 
held and considered to be special trustees thereof for such city. Said 
board shall have power to appoint suitable librarians and necessary 
assistants, fix salaries of same, and shall, in general, carry out the 
spirit and intent of this act in establishing and maintaining the best 
public library and reading-room with the means at their disposal. 
(1888, April 12; 85 V. 209, 210; Rev. Stat. 1880; 70 v. 142.) 

(4002-24) Sec. 4a. [Additional bonds authorized to be issued for 
certain purposes.] For the purpose of enabling said board of trustees 
to construct said building or buildings so as to make it or them fire- 
proof, and thereby insure protection to the large and valuable library 
to be kept therein, and to pay the increased cost of such construction, 
and complete said building or buildings, and provide necessary furni- 
ture for same, and to pay for grading the library grounds and con- 
structing walks, said board of trustees is hereby authorized to issue 
and sell additional bonds to an amount not in excess of thirty-five 
thousand dollars ($35,000) ; said additional bonds shall bear interest, 
be issued, sold, the proceeds deposited, drawn, used, and the interest 
and principal paid, as provided, and subject in all respects to all the 
conditions named in said original section 4, for the bonds therein 
authorized, except as follows : the bonds hereby authorized, shall 
mature, three thousand dollars ($3,000.00) July i, 1890; five thousand 
dollars ($5,000.00) July i, 1906; and five thousand dollars ($5,000.00) 
July I, of each succeeding year until July i, 191 1, when seven thous- 
and dollars ($7,000.00) shall mature, but if it be found unnecessary to 
issue all of said bonds, those not issued shall be those last to mature 
as aforesaid ; and the rate of interest shall not exceed four per cent, 
on those bonds to mature July i, 1906 and thereafter; and said board 
Khali annually appropriate and set apart such additional sum as may 
be necessary to pay said bonds and the interest thereon as the same 
mature. (1889, March 12 ; 86 v. 79.) 

(4002-25) Sec. 4^. [Purchase of a site for library.] That on the 
request of said board by a two-thirds vote of all of the trustees, en- 
tered on its journal, any such city of the third grade of the first class, 
may purchase, appropriate, enter upon and hold, any real estate within 
its limits, by it deemed necessary for the purpose of providing said 
public library with suitable library grounds and extensions or addi- 
tions thereto. The cost and expense of acquiring such grounds, ex- 
tensions or additions shall be paid for by the -trustees of such public 
library, out of any moneys in its hands or due and owing to it from 
the public library fund. (88 v. 92.) 



OHIO SCHOOL LAWS. 83 



School Houses and Libraries. Ch. 8. 

(4002-26) Sec. 4c. [Appropriation of private property.] That 
wlien it is deemed necessary by any such city of the third grade of 
tlie first class to appropriate private property as heretofore provided 
in said supplementary section 4b, any such city shall proceed in 
making such appropriation under and in accordance with the pro- 
visions of section 2235 and the subsequent sections thereto as found 
in chapter 3, division 7, title 12 of the Revised Statutes of this state, 
in so far as the same are applicable. (88 v. 335.) 

(4002-27) Sec. 4cf. [Additional building bonds.] For the pur- 
poses specified in said original section four (4) and the first section 
supplemental thereto, section 4a, and to complete the carrying out 
of such purposes, and paying therefore, said board of trustees is hereby 
authorized to issue and sell additional bonds to an amount not in 
excess of five thousand dollars ($5,000.00) ; and such additional bonds 
shall be issued and sold and their proceeds disposed of and their 
payment including interest provided for, in all respects in the same 
manner and subject to the same conditions, as provided in said sup- 
plemental section 4a for the bonds to mature July i, 1906, and there- 
after, except that those hereby authorized shall mature July i, 1912. 
(89 V. 419.) 

(4002-28) Sec. 5. [Library to be free, subject to reasonable rules.] 
Every library and reading room established under this act, shall be and 
remain forever free to the use of the inhabitants of such city, subject, 
however, to such reasonable rules and regulations as the library board 
may find and deem necessary to adopt and publish, to protect and pre- 
serve the property therein, in order to render the use of said library 
and reading room of the greatest benefit to the greatest number; and 
said board may exclude and cut off from the use of said library and 
reading room, any and all persons who shall wilfully violate any of 
such rules and regulations. (1888, April 12; 85 v. 209, 211; Rev. 
Stat. 1880; 70 V. 142.) 

(4002-29) Sec. 6. [Annual report to city council.] The said 
board of trustees shall make an annual report to the city council, 
stating the condition of their trust, the various sums of money re- 
ceived from the library fund, and from other sources, and how much 
moneys have been expended, and for what purpose; the number of 
books and periodicals on hand ; the number added by purchases, gifts 
or otherwise during the year ; the number lost or missing, the num- 
ber of books loaned out, and the general character and kind of such 
books, with other statistics, information and suggestions as they may 
deem of general interest. 1888, April 12; 85 v. 209, 211; Rev. Stat. 
1880; 70 v. 142.) 



H4 OHIO SCHOOL LAWS. 



Ch. 8. School Houses and Libraries. 

(4002-30) Sec. 7. [Penalty for injuring library property.] The 

cily cuuiicil of such city sli.'ill huyc ])()wcr to pass (n-(hii<inces imposing 
suitable penalties for the punishment of any and all persons committing 
injury upon such library buildings, grounds or other property thereof. 
(iS.S.S, April ]2; 85 v. 209, 211 ; J'^cv. Stat. 1880; 70 v. 142.) 

(4002-31 Sec. 8. I Power of trustees to accept donations, etc.] 
Any person or persons desiring to make, devise or bequest, donation 
or gilt ol" ciliicr Ixxjks, personal property, money or real estate, to 
and for (hi- use and benefit of such library, may vest the^same or 
tillc thereto in the said trustees created under this act; to be held 
and controlled by said board, its successors, when accepted, accord- 
ing U) the terms of such devise, bequest or deed of gift of such prop- 
erty ; and as to such property the said board of trustees shall be 
held and considered special trustees thereof. (1888, April 12; 85 v. 
209, 212; Rev. Stat. 1880; 70 v. 142.) 

IN DAYTON. 

(4002-32) Sec. I. [Dayton Public library board; election of.] In 
any city of the second grade ol the second chiss the city 1)oar(l of educa- 
tion may elect by ballot, a special board of six competent persons, res- 
idents and electors of said city or school district, to be called the library 
l)oar(l, which board shall have the sole custody, control and manage- 
nicnl of Ihc public library of such city and of any reading rooms, 
branch libraries or library stations by said library board established 
in connection with such ])ublic library. (89 v. 229; 84 v. 171.) 

(4002-33) Sec. 2. I Political composition of; terms; vote re- 
quired to elect. I The six uuMubcrs of said library board shall be 
selected' e(|ually from the two poHlical parties having the largest 
representation in the city board of education and shall be elected 
as follows: Two for a [cvu\ of one year, two for a term of two 
years and two for a term of three years, one member from each 
of said political parties to be elected for each of said several terms; 
and at the end of the first year and of each year thereafter, tv/o 
mcml)crs of said library board, one from each of said political par- 
tii-s, shall be elected, by ballot, by said board of education for 
the ti'rm of three >ears. it shall re(|uirc the affirmative vote of 
a majorilv of all the members elected to said board of education to 
elect the menibers of said library board. (89 v. 229; 84 v. 171.) 

(4002-34) Sec. 3. I Powers and duties. | Said library board shall 
have power over and the exclusive control of the library fund herein- 
after provided for, and of the expenditure of all moneys collected to the 
credit thereof. They shall have power to establish in said city reading 



OHIO SCHOOL LAWS. 85 



School Houses and Libraries. Ch. 8. 



rooms, branch libraries and library stations in connection with such 
public library, and to lease and furnish such rooms, buildings or parts 
thereof as are required for such purposes, and to pay all necessary ex- 
penses connected therewith. They shall have power and it shall be 
their duty to purchase and pay for all books, periodicals, magazines, 
and other literature, and supjjlies necessary, in their judgment, for said 
public library, reading rooms, branch libraries and library stations, 
and to incur the necessary expenditures for the encouragement and 
advancement of the best use of such public library, reading rooms, 
branches and stations, by the public; all of such purchases, payments 
and expenditures to be made out of said library fund hereinafter pro- 
vided for. They shall have power and it shall be their duty to em- 
ploy a librarian, assistant librarians, janitors and other necessary as- 
sistants for such public library, reading rooms, branches and stations, 
to fix the compensation of persons so employed and to pay same out of 
said library fund. Said library board may fix the term of any such 
persons employed by them for any period not to exceed one year. 
(89 V. 229; 84 V. 171.) 

(4002-35) Sec. 4. [Expenses of library for ensuing year.] Said 
library board shall, annually, prior to the annual levy of taxes made by 
the city Ijoard of education, report and certify to such city board of 
education a statement of the amount Ijy said library board deemed 
necessary for the expenses and expenditures of such library board for 
the ensuing fiscal year; and said city board of education shall annually 
levy a tax for such library purposes and for the use of such library 
board for such purposes for such ensuing year to the full amount so 
reported and certified by said library board ; provided, however, that 
the amount so levied shall not exceed the amount hereinafter author- 
ized to be levied for such purposes. The fiscal year of said library 
board shall be the same as that of the board of education. (89 v, 
229; 84 V. 171.) 

(4002-36) Sec. 5. [Tax for library fund; custodian; disburse- 
ments and balance.] 'J'he board of education of said city wherein a 
library board exists under the act to which this act is amendatory 
or shall hereafter be elected under this act, shall have the power 
and it shall be the duty of such board of education to levy annually 
for such public library purposes a tax not exceeding four-tenths 
of one mill on the dollar of the city valuation, to be called the 
library fund, which levy shall be certified by said board of edu- 
cation to the county auditor of the county in which said city is 
situate, within the time and in the manner fixed for the certifying 
of other levies made by said board of education ; and [which levy 



86 OHIO SCPIOOL LAWS. 



Ch. 8. School Houses and Libraries. 



shall be by said auditor placed on the tax duplicate of the county] 
and collected as other taxes. Such levy for library purposes shall 
not be a part of the general levy authorized to be made by such' 
board of education for school purposes. The money realized from 
said levies and all moneys received or collected by the trustees for 
the library, shall be placed in the treasury of the county, subject to 
the order of the board of trustees of said library. Said funds shall 
be kept separate and apart from other funds and the treasurer shall 
be the custodian thereof, and no money shall be drawn therefrom ex- 
cept upon the requisition of the board of trustees of the library, cer- 
tified by the president and secretary of said board and directed to 
said county treasurer. Any part of said fund unexpended during 
any year shall remain to the credit of said library fund. (94 v. 484; 
89 V. 229; 84 V. 171.) 

(4002-37) Sec. 6. [Provisions governing board.] Said library 
board shall, immediately after their election tneet and organize 
by the election of a president, a secretary and other necessary of- 
ficers from their number, and such election shall be held annually 
thereafter. Said board shall make and adopt such by-laws, rules 
and regulations for their own government and guidance and for 
the government and guidance of the public library, reading rooms, 
branch libraries, and stations, and of the employes of said board 
as may be expedient and not inconsistent with this act, and said 
board shall, by their by-laws, designate the officers authorized to 
draw orders upon said library fund. Any public library now estab- 
lished in any such city and which is maintained and in operation under 
and by virtue of the provisions of the act to which this act is amenda- 
tory, and the existing library board of such city and the officers there- 
of, shall be governed by the provisions of this act; and such library 
board shall succeed to and be vested with all the rights, powers and 
privileges, and charged with all the duties herein granted or imposed ; 
and the members of such existing library board elected thereto by the 
board of education prior to the taking effect of this act shall continue 
as such until the expiration of their present terms, and their successors 
shall be elected pursuant to the provisions hereof. The present of- 
ficers of such existing library board shall continue in office until the 
expiration of their present terms as such officers or until a vacancy 
occurs therein prior to such expiration when their successors shall 
be elected pursuant to the provisions hereof. Where such existing 
library board has heretofore reported to such board of education their 
estimate of the expenses of such library for the current year, pursuant 
to the provisions of the act to which this act is amendatory, such board 
of education shall forthwith, upon the taking effect of this act, set 



OHIO SCHOOL LAWS. 87 



School Houses and Libraries. Ch. 8. 

apart and pay over to the said county treasurer as the treasurer of 
such library fund the unexpended balance of the appropriation here- 
tofore made by such board of education for such library expenses for 
'he current year, which balance shall become and constitute a part 
of said library fund hereinbefore provided for and shall be expended 
by said library board for the maintenance, management and expenses 
of such public library, reading rooms, branch libraries and library 
stations, for the remainder of such current year. (89 v. 229 ; 84 v. 171.) 
(4002-38) Sec. I. [Museum may be established.] In any city of 
the second grade of the second class, wherein there now is or shall 
hereafter be a public library of such city, under the control, custody and 
management of a library board established pursuant to the provisions 
of an act entitled "An act to provide for competent and non-partisan 
public library boards in cities of the second class, second grade," 
passed March 21, 1887 (O. L., v. 84 p. 171), and of acts amendatory 
thereto, such library board shall have the power, and is hereby author- 
ized to establish and maintain, in connection with such public library, 
a public museum for the benefit of the public of such city ; and such 
board may appropriate and expend, out of the amount of the tax levy 
heretofore or hereafter annually made for library purposes and for the 
use of such board, such amounts as are in their judgment necessary 
for the establishment and maintenance of such public museum. Such 
library board is empowered to receive, by way of gift, loan or purchase, 
specimens and collections for such museum, to be accepted and held 
by such board and their successors in office, in trust for museum pur- 
poses, and under such conditions and regulations as they may from 
time to time establish. Such library board may make, from the funds 
arising from such tax levy, such purchases of specimens and collections 
for such museum, as shall not impair the proper and sufficient use of 
such funds for library purposes. (90 L. L., 377.) 

IN SMALLER CITIES AND VILLAGES. 

(4002-39) Sec. I. [Certain cities and villages may have libraries; 

tax.] The common council of every city not exceeding in population 
thirty thousand inhabitants and of every incorporated village shall 
have power to establish and maintain a public library and reading 
room, and for such purpose may annually levy and cause to be col- 
lected, as other general taxes are, a tax not exceeding one mill on each 
dollar of the taxable property of such city or village, to constitute the 
library fund, which shall be kept by the treasurer separate and apart 
from other money of the city or village, and be used exclusively for 
the purchase of books, periodicals, necessary furniture and fixtures 
and whatever is required for the proper maintenance of such library 
and reading room. (89 v. 98.) 



OHIO SCHOOL LAWS. 



Ch. 8. School Houses and Libraries. 

(4002-40) Sec. 2. [Directors.] For the government of such li- 
brary and reading room there shall be a board of six directors, ap- 
pointed by the council of such city or village from among the citizens 
thereof at large, and not more than one member of the council of such 
city or village shall at any one time be a member of said board. Such 
directors shall hold their office for three years from the date of ap- 
pointment, and until their successors are appointed, but upon their 
first appointment they shall divide themselves at their first meeting 
by lot into three classes, one-third for one year, one-third for two 
years, and one-third for three years, and their terms shall expire 
accordingly. All vacancies shall be immediately reported by the 
directors to the proper council, and be filled by appointment in like 
manner; and if an unexpired term, for the residue of the term only. 
No compensation whatever shall be paid or allowed to any director. 
(89 V. 98.) 

(4002-41) Sec. 3. [Organization; by-laws, etc.; control of ex- 
penditures; custody of building; how money drawn from treasury; 
librarian and assistants.] Said directors shall, immediately after 
their appointment, meet and organize by the election of one of their 
number president, and by the election of such other officers as they 
may deem necessary. They shall make and adopt such by-laws, 
rules and regulations for their own guidance, and for the government 
of the library and reading room, as may be expedient. They shall 
have the exclusive control of the expenditures of all moneys col- 
lected for the library fund, and the supervision, care and custody 
of the rooms or buildings constructed, leased or set apart for that 
purpose, and such money shall be drawn from the treasury by the 
proper officers, upon the properly authenticated voucher of the board 
of directors, without otherwise being audited. They may, with the 
approval of the common council, lease and occupy, or purchase, or 
erect on purchased ground, an appropriate building, provided that 
no more than half the income in any one year can be set apart 
in said year for such purpose or building. They may appoint a 
librarian and assistants, and prescribe rules for their conduct. (89 
V. 98.) 

(4002-42) Sec. 4. [Who may use library.] Every library and 
reading room established under this chapter shall be forever free 
for the use of the inhabitants of the city or village where located, 
always subject to such reasonable rules and regulations as the library 
board may find necessary to adopt and publish in order to ren- 
der the use of said library and reading room of the greatest benefit 
to the greatest number; and they may exclude and cut off from the 



OHIO SCHOOL LAWS. 89 



School Houses and Libraries. Cii. 8. 

use of said library and reading room any and all persons who shall 
wilfully violate such rules. (89 v. 98.) 

(4002-43) Sec. 5. [Annual report.] The said board of directors 
shall make an annual report to such council, stating the condition of 
their trust — the various sums of money received from the library fund, 
and from all other sources, and how much has been expended ; the 
number of books and periodicals on hand ; the number added by 
purchase, gift or otherwise during the year; the number lost or 
missing, the number of books loaned out, and the general character 
and kind of such books, with such other statistics, information and 
suggestions as they may deem of general interest. (89 v. 98.) 

(4002-44) Sec. 6. [Donations.] All persons desirous of making 
donations of money, personal property or real estate, for the benefit 
of such library, shall have the right to vest the title of the same 
in the board of directors created under this law, to be held and con- 
trolled by said board, when accepted according to the terms of the 
deed of gift, devise or bequest of such property, and as to such 
property the said board shall be held and considered to be special 
trustees. (89 v. 98.) 

(4002-45) Sec. 7. [Tax to assist existing library association.] 
In case a free public library has already been established in any 
city or incorporated village, and duly incorporated and organized, 
the council may levy a tax for its support as provided in this act, 
without change in the organization of such library association, and 
the sum so raised shall be paid to the officer or officers duly author- 
ized to receive the same, and shall be under the control of the said 
library association ; provided, that if at any time such library associ- 
ation ceases to exist or from any reason fails to provide a free cir- 
culating library as required by the provisions of this act, the books 
and other property accumulated from the proceeds of the levy herein 
authorized shall become the property of the city or village and be 
subject to the control of the council as herein provided. (89 v. 98.) 

(4002-40) Sec. I. [Library association in certain cities; levy.] In 
any city of the fourth grade of the second class, and in which city 
there is established and maintained by a public library association 
duly incorporated, but not organized for profit, a public library, 
free to all the inhabitants of such city, the board of education shall 
levy or cause to be levied an annual tax, in addition if need be to 
the annual amount of taxes limited by law for school purposes, of 
not less than three-tenths and not to exceed five-tenths of a mill 
on all the taxable property within such city and school district, to 
be called "a. public library fund," which shall be certified to the 



90 OHIO SCHOOL LAWS. 

. Ch. 8. School Houses and Libraries. 

county auditor of the county and placed on the tax duplicate of the 
county, and collected as other taxes. (93 v. 8.) 

(4002-47) Sec. 2. [Disposition of tax.] Said tax when so levied 
and collected shall be paid over by the treasurer of the board of edu- 
cation to the treasurer of said library association, to be used only 
in the purchase of books, pamphlets, magazines or newspapers, and 
for general library expenses of said library association. (93 v. 8.) 

(4002-48) Sec. 3. [Library association to render account; shall 
maintain free public library; city shall maintain library if association 
cease to exist; may levy tax.] Said board of education shall require 
said library association to render an account as often as it shall deem 
proper of all taxes so received by it, and how the same have been 
expended. Said association shall keep up and maintain in a public 
place in such city a public library free to all the inhabitants thereof, 
and to all persons residing within said school district. Provided, fur- 
ther, that if said public library association shall for any cause cease 
to exist then all property of said association, real and personal, shall 
immediately become vested in the city wherein said library associ- 
ation is established and maintained, and that had heretofore been taxed 
for the purpose of maintaining the same; and it shall become the 
duty of said city or municipality to have the charge of and care 
of such property in the same manner as other property of said city, 
■and to carry out the educational purposes for which this act was 
originally intended, and may, if occasion require, levy taxes for 
said purposes upon the personal and real property of said city, and 
collect the same as other taxes are now levied and collected. (93 v. 
9> § 3 ; 95 V. 417. § 4002-48.) 

(4002-49) Sec. 4. [Tax in lieu of other taxes.] The tax so levied 
shall be in lieu of all other taxes levied for school library purposes, 
and no other levy shall be made for such purpose; 

[Purchase of school apparatus; levy.] Provided, however, that 
nothing herein shall prohibit the board of education from purchasing 
all necessary philosophical or other apparatus for the schools and 
making necessary levies therefor. (93 v. 9.) 

Sec. 4003. [Consolidation of libraries in Portsmouth authorized.] 
In all cities which at the last federal census had, or at any subse- 
quent federal census may have, a population of ten thousand five 
hundred and ninety-two, it shall be lawful to merge any pubHc library 
therein heretofore established with any other library or reading 
room therein existing; but the library formed by such consolidation 
shall be kept open for the use of the public at all reasonable hours 
(75 V. 541, § I ; 76 V. 97, § I.) 



OHIO SCHOOL LAWS. 91 

School Houses and Libraries. Ch. 8. 

Sec. 4004. [Board of Portsmouth to appoint library committee.] 

The board of education of every such city shall, at its first regular 
meeting after the second Monday in June, 1879, elect by ballot 
three suitable persons, residents of the city, but other than mem- 
bers of such board, who shall be known as the library committee 
of the city, one to serve for one year, one for two years, and one for 
three years, and until their successors are duly elected and qualified, 
and shall, annually thereafter, elect in like manner one person with 
the same qualifications to serve for three years, and until his suc- 
cessor is elected and qualified ; and any vacancy in such committee 
shall be filled for the unexpired term at the first regular meeting 
of the board held after the same occurs. (75 v. 541, § 2 ; 76 v. 97, § 2.) 

Sec. 4005. [Powers and duties of such committee.] Such com- 
mittee shall report in writing to the board of education at least 
once each year, and oftener if required by the board, and shall have 
entire charge and control of the school library in the city with full 
power to make all rules and regulations for the government and reg- 
ulation thereof, to employ a librarian, and such assistants and help 
as may -be needed for its care and protection, and to require of the 
librarian such bond as they may deem proper for the faithful per- 
formance of his duties, and to attend to the drawing and return 
of books ; but the salary of such librarian, and the rate of compen- 
sation of such assistants and help, shall be fixed by resolution prior 
to such employment. (76 v. 97, § 3.) 

Sec. 4006. [Powers and duties of library committees in Ports- 
mouth.] For the purpose of increasing and maintaining school 
libraries in cities mentioned in section foiw thousand and three of 
the Revised Statutes of Ohio, and the territory thereto attached for 
school purposes, such library committee in such cities is authorized 
to annually levy a tax of three-tenths of one mill on the dollar val- 
uation of the taxable property of such cities aforesaid, and the ter- 
ritory thereto attached for school purposes, to be assessed, collected 
and paid in the same manner as are the school taxes of such cities, 
and all money appropriated or collected by tax for such library 
shall be expended under the direction of said library committee in 
the purchase of such books, pamphlets, papers, magazines, periodi- 
cals and journals, as may be deemed suitable for the public school 
library, and in payment of all other costs and charges, including 
the salaries of the librarian and assistants, that may be incurred 
in maintaining said libraries, the bills and payrolls for which said 
expenditures, shall, upon the order of the library committee, be cer- 
tified by the chairman and secretary of such committee, and paid by 



92 OHIO SCHOOL LAWS. 



Ch. 8. School Houses and Libraries. 

the treasurer of the board of education of said city from such Hbrary 
fund. (92 V. 309; 78 V. 176; Rev. Stat. 1880; 75 v. 541, § 2; 76 v. 
97, § 40 

AN ACT 

To authorize the transfer of property by municipal corporations to trustees 
of libraries of school districts, and the acceptance of the same, and other 
property, for library purposes by said trustees. 

Be it enacted by the General Asisembly of the State of Ohio: 

Sec. I. That it shall be lawful for any municipal corpora- 
tion in this state to transfer by ordinance duly passed, any property, 
real or personal, acquired or suitable for library purposes, to the 
trustees of any public library for the school district within which 
such municipal corporation is situate, upon such lawful terms and 
conditions as may be agreed to betAveen said municipal corporation 
and said trustees. 

Sec. 2. The trustees of any public library in any such school 
district are hereby authorized and empowered to receive and accept 
any such transfer, and to receive and accept from any other source 
or acquire in any other manner, any property, real or personal, 
for library purposes, and use and apply the same for such purposes, 
and to enter into any contract relating thereto, (Passed April 20, 
1904. Approved April 21, 1904.) 



OHIO SCHOOL LAWS. 



93 



Schools and Attendance Enforced. 



Ch. 9. 



CHAPTER IX. 



SCHOOLS AND ATTENDANCE ENFORCED. 



Section 
4007. 



4007-1. 

4007-2. 
4007-3. 
4007-4. 

4007-5. 



4007-6. 



4008. 
4009. 



4009-1. 



4009-2. 

4009-3. 

4009-4. 

4009-5. 

4009-6. 

4009-7. 

4009-8. 

4009-9. 

4009-10. 

4009-11. 

4009-12. 

4009-13. 

4009-14. 

4009-15. 



4009-16. 



4010. 



Sufficient elementary schools must 
be provided; number of weeks to 
be continued; graded course of 
study required. 

Elementary school defined. 

High school defined. 

College defined. 

High schools classified; first grade; 
second grade; third grade. 

Diploma to be given to graduate 
of high school ; certificate as to 
grade of school; admission 
without examinatiqn to pro- 
fessional school; exception; who 
eligible to take examination for 
admission to bar or to enter 
professional school; exception. 

Information as to character of 
high school to be furnished 
state commissioner of common 
schools by clerk of board of ed- 
ucation ; filed when ; certificate 
as to grade of school; with- 
holding approval of curriculum; 
•penalty for failure to give in- 
formation required by this sec- 
tion. 

Repealed. 

Any board of education may es- 
tablish high scnool; discontin- 
uance thereof; 

Township high schools; manage- 
ment and control tlhereof; 
school houses, etc.; admission 
of pupils. 

Estimate of funds needed. 

Repealed. 

Repealed. 

Repealed. 

Repealed. 

Repealed. 

Repealed. 

Repealed. 

Repealed. 

Repealed. 

Repealed. 

Repealed. 

Repealed. 

Joint township high school ; union 
of township and village or 
special districts for high school 
purposes; elections; control of 
high school; funds for mainte- 
nance of high school. 

Repeal of former laws relating to 
joint township and union high 
school and substituting new 
law. 

Schools at children's homes, 
orphans' asylums and infirm- 
aries; how sustained; to be un- 
der control of trustees of insti- 
tution. 



Section. 

4011. Youth may be sent to charity 

school at Zanesville. 

4012. Evening schools. 

4012a. Attendance by person more than 
twenty-one years old. 

4013. Who may attend school free; 

crediting school tax on tuition 
of non-resident pupils; assign- 
ment of pupils. 

4014. Suspension and expulsion of pu- 

pils. 

4015. Legal holdidays, school may be 

dismissed on. 
4015-1. Arbor Day. 

4016. School year, month, and week. 

4017. Control of schools vested in 

boards; appointees; salaries; 
salaries of teachers; paid dur- 
ing epidemic: appointments of 
former teachers; school di- 
rector in city districts; ap- 
pointment; power; duties; sal- 
ary; removal; contract with 
employes; resignations; dismis- 
sals. 

4017a. Superintendents and teachers in 
city districts; appointment and 
term of office; duties; superin- 
tendent and teachers in other 
districts; appointment and 
term of office; duties. 

4018. Teachers, duties of; janitor work 

not required. 

4019. Teachers dismissed for insufficient 

cause may institute suit. 

4020. _ Repealed. 
4020-1. ' Superseded. 
4020-2. Superseded. 
4020-3. Superseded. 
4020-4. Superseded. 
4020-5. Superseded. 
4020-6. Superseded. 
4020-7. Superseded. 
4020-8. Superseded. 
4020-9. Superseded. 

4020-10. Filing and preservation of cop- 
ies and prices of school books. 
4020-11. Maximum price; notification of 

publisher. 
4020-12. Notices to boards; legality de- 
pendent on compliance. 
4020-13. Procedure upon violation of 

agreement by publisher. 
4020-14. Studies, etc.; shipment of books, 

etc.; sale to pupils; purchase 

from pupils; free books. 
4020-15. Purchaste of Howe's Historical 

Collections of Ohio for 

schools; payment. 
4020-16. Care and preservation of books. 
4020-17. Physical culture in schools; 

where. 



94 



OHIO SCHOOL LAWS. 



Ch. 9. 



Schools and Attendance Enforced. 



Section. 

4020-18. Manual training departmen'ts, 
commercial departments and 
kindergartens authorized. 

4020-19. Repealed. 

4020-20. Repealed. 

4020-21. Repealed. 

4020-22. Repealed. 

4020-23. Instruction as to effect of alco- 
holic drinks on the human sys- 
tem, required in 'public schools; 
provisions therefor. 

4020-24. Instruction of teachers; exami- 
nation of teachers required ; 
duty of commissioner of com- 
mon schools. 

4020-25. Penalty for failure to give such 
instruction. 

4021. German language taught, how. 

4022. Pupils may be sent from one dis- 

trict to another. 

4022a. Attendance when pupils live over 
one and one-half miles from 
school; payment of tuition, 
how computed. 

4022-1. In what branches children must 
be taught; necessary time of 
attendance; excuse; appeal In 
case of refusal to excuse; 
penalty for failure to place 
child in school as herein pro- 
vided. 

4022-2. Employment o^ childreni under 
age of sixteen years; when 
unlawful; penalty. 

4022-3. Attendance of minors in certain 
oases; employment of such 
minors; penalty. 

4022-4. Juvenile disorderly persons. 

4022-5. Truant officers; powers and du- 
ties. 



Section. 

4022-6. Report of principal and teachers. 

4022-7. Proceedings in case of truancy; 
penalties. 

4022-8. Pi'oceedings against juvenile dis- 
orderly persons. 

4022-9. Relief to enable child to attend 
school required time. 

4022-10. As to institution for deaf and 
dumb or institution for the 
blind. 

4022-11. Penalties; jurisdiction; violations 
by corporations; disposition of 
fines collected; employment of 
attorney; compensation. 

4022-12. Repeated violations. 

4022-13. Sufficient school accommodations 
to be provided. 

4022-14. Costs in prosecution under this 
act. 

4023. Repealed. 

4024. Repealed. 

4025. Repealed. 

4026. Free school books. 

4027. Repealed. 

4028. Repealed. 

4029. Repealed. 

4029-1. Examination for 
school; number 
tions; when and where; prepa- 
ration of questions; township 
commencement; county com- 
mencement; diploma. 

4029-2. Compensation of examiners and 
contingent expenses. 

4029-3. Tuition. 

4029-4. What shall constitute a high 
school. 



entering high 
of examina- 



Sec. 4007. [Sufficient elementary schools must be provided; 
number of weeks to be continued; graded course o£ study required.] 
Each board of education shall establish a sufficient number of ele- 
mentary schools to provide for the free education of the youth of 
school age within the district under its control, at such places as will 
be most convenient for the attendance of the largest number of such 
youth, and shall continue each and every elementary day school so 
established not less than thirty-two nor more than forty weeks 
in each school year, and all the elementary schools within the same 
school district shall be continued the same length of time. And 
boards of education are required to prescribe a graded course of 
study for all schools under their control in the branches named in 
section 4007-1 of the Revised Statutes of Ohio, subject to the ap- 
proval of the state commissioner of common schools. Each town- 
ship board of education shall establish and maintain at least one 
elementary school in each sub-district under its control, unless trans- 
portation is furnished to the pupils thereof as provided by law. 
(Passed and approved April 25, 1904.) 

Sec. 4007-1. [Elementary school defined.] An elementary school 
is hereby defined as a school in which instruction and training are 



OHIO SCHOOL LAWS. 95 



Schools and Attendance Enforced. Ch. 9. 

given in spelling, reading, writing, arithmetic, English language, Eng- 
lish grammar and composition, geography, history of the United 
States, including civil government, physiology and hygiene ; but noth- 
ing herein contained shall be construed as abridging the power of 
boards of education to cause instruction and training to be given in 
vocal music, drawing, elementary algebra, the elements of agricul- 
ture and other branches which they may deem advisable for the best 
interests of the schools under their charge. (Passed and approved 
April 25, 1904.) 

Sec. 4007-2. [High school defined.] A high school is here- 
by defined as a school of higher grade than an elementary school, 
in which instruction and training are given in approved courses in 
the history of the United States and other countries ; composition, 
rhetoric, English and American literature; algebra and geometry; 
natural science, political or mental science, ancient or modern for- 
eign languages, or both, commercial and industrial branches, or such 
of the above named branches as the length of its curriculum may 
make possible, and such other branches of higher grade than those 
to be taught in the elementary schools, and such advanced studies 
and advanced reviews of the common branches as the board of ed- 
ucation may direct. (95 v. 115.) 

Sec. 4007-3. [College defined.] A college is hereby defined as 
a school of a higher grade than a high school, -in which instruction 
in the high school branches is carried beyond the scope of the high 
school and other advanced ■ studies are pursued, or a school in 
which special, technical or professional studies are pursued, and 
which may, when legally organized, have the right to confer degrees 
in agreement with the terms of the law regulating its practices or 
its charter ; or in the want of legislative direction, in agreement with 
the practices of the better institutions of learning of their respec- 
tive kinds in the United States. (95 v. 115.) 

Sec. 4007-4. [High schools classified.] The high schools of the 
state of Ohio shall be classified into schools of the first, second, and 
third grades ; and all courses of study ofifered in such high schools 
shall be in branches enumerated in section 4007-2 of the Revised 
Statutes of Ohio. 

[First grade.] A high school of the first grade shall be a school 
in which the courses offered shall cover a period of not less than 
four years, of not less than thirty-two weeks each, in which not less 
than sixteen courses shall be required for graduation ; 

[Second grade.] A high school of the second grade shall cover 
n period of not less than three years, of not less than thirty-two 



96 OHIO SCHOOL LAWS. 



Cli. 9, Schools and Attendance Enforced. 

weeks each, in vhich not less than twelve courses of study shall be 
required for graduation ; 

[Third grade.] A high school of the third grade shall cover 
a period of not less than two years, of not less than twenty-eight 
weeks each, in which not less than eight courses of study shall be 
required for graduation, and all public schools of a less grade shall 
be denominatea as elementary schools. A course of study shall con- 
sist of not less than four recitations a week continued throughout 
the school year. (95 v. 116.-) 

Sec. 4007-5. [Diploma to be given to graduate of high school.] 
A diploma shall be granted by the board of education to any one 
completing the curriculum in any high school, which diploma shall 
state the grade of the high school issuing the said diploma as cer- 
tified by the state commissioner of common schools, and shall be 
signed by the president and clerk of the board of education, the 
superintendent and the principal of the high school, if such there 
be, and shall bear the date of its issue. 

[Certificate as to grade of school.] A certificate shall also be 
issued to the holder of each diploma in which shall be stated the 
grade of the high school, the names and extent of the studies pursued 
and the length of time given to each said study to be certified to in 
the same manner as set forth for a diploma. 

[Admission without examination to professional school; ex- 
ception.] And any holder of a diploma from a high school of the first 
grade shall be entitled to a certificate of admission without examina- 
tion to any college of law, medicine, dentistry, or pharmacy in the 
state of Ohio, when the holder thereof shall have completed such 
courses in science and language as shall be prescribed by the legally 
constituted authorities regulating the entrance requirements of said 
college ; except such privately endowed institutions which may re- 
quire a higher standard for entrance examinations than herein pro- 
vided. 

[Who eligible to take examination for admission to bar or to enter 
professional school; exception.] And any holder of a diploma from 
any grade of high school or of a teacher's certificate from a county or 
city board of teachers' examiners, when such holder has pursued his 
studies under private tutorage or in an office shall be eligible to take 
the examination for admission to the practice of law or to take the 
examination prescribed to enter a college of lawj medicine, dentistry 
or pharmacy; except such privately endowed institutions which may 
require a higher standard for entrance examinations than herein 
provided. (95 v. 116.) 



OHIO SCHOOL LAWS. 97 



Schools and Attendance Enforced. Ch. 9. 

Sec. 4007-6. [Information as to character of high school to be 
furnished state comrhissioner of common schools by clerk of board 
of education.] It shall be the duty of the clerk of the board of ed- 
ucation of each district in which a high school is established and main- 
tained to furnish to the state commissioner of common schools def- 
inite and accurate information concerning the length of time neces- 
sary for the completion of the high school curriculum or curriculums, 
the courses of instruction offered therein, and such other information 
as said commissioner may require in relation to the high school work 
of the district, and in the form and manner he may prescribe. 

[Filed when.] Said information shall be filed not later than the 
first day of September, 1902, and as high schools are hereafter estab- 
lished or any changes made in curriculums, such establishment or 
changes with full information must be immediately reported as above 
provided. 

[Certifiicate as to grade of school; v^^ithholding approval of curri- 
culum.] And it shall be the duty of the said state commissioner of 
common schools, upon examination of the information thus filed, or 
after personal inspection of work done if he shall deem the same ad- 
visable, or both, to determine the grade of each such high school and 
to certify, under the seal of his office, to the clerk of the board of 
education his finding as to the grade of the high school maintained 
by such board of education. The said commissioner is also authorized 
to withhold his approval of any curriculum, when it shall appear to 
him that the same does not comply with the legal and reasonable 
requirements, and when it shall appear that any curriculum, which 
has already been approved, has been so modified as to change the 
grade of the high school, either by advancing or reducing the grade 
thereof, he shall certify his finding, and all diplomas issued thereafter 
shall bear the grade so designated by him. 

[Penalty for failure to give information required by this section.] 
And after the first day of February, 1903, no school then maintained 
shall be considered a high school that has not furnished the informa- 
tion and received the certificate as provided above and shall not be 
entitled to the privileges and exceptions provided by law for high 
schools.. (95 V. 117.) 

Sec. 4008. Repealed February 22, 1887. 

Sec. 4009. [Any board of education may establish a high school.] 

Any board of education may establish one or more high schools, 
whenever it deems the establishment of such school or schools proper 
or necessary for the convenience or progress of the pupils attending 

7— S. L. 



98 OHIO SCHOOL LAWS. 



Cli. 9. Schools and Attendance Enforced. 

the same, or for the conduct and welfare of the educational interests 
of the district, 

[Discontinuance thereof.] and such school or schools, when 
so established, shall not be discontinued under three years from 
the time of the establishment thereof, except by a vote of three- 
fourths of all the members of the board of education of the district, 
and at a regular meeting. (75 v. 513, § 50; R. S. of 1880; 79 v. 37; 
95 V. 117.) 

Sec. 4009-1. [Township high schools; management and control 
thereof.] Whenever a township board of education establishes and 
maintains a high school or high schools within the district under its 
control, it shall have the management and control of such school or 
schools with full power in respect to such school or schools to employ 
and dismiss teachers, and to give certificates of such employment, 
and for services rendered, directed to the township clerk. 

[Schoolhouses, etc.] And the township board of education shall 
build, repair, add to and furnish the necessary schoolhouses, purchase 
or lease sites therefor, or rent suitable rooms, and make all other 
necessary provisions relative to such schools as may be deemed proper. 

[Admission of pupils.] Said board of education shall have full 
power to regulate and control the admission of pupils from the ele- 
mentary schools under its charge to such high school or high schools, 
according to age and attainments, and may admit adults over twenty- 
one years of age, and pupils from other districts on such terms and 
under such rules as it may adopt, and shall maintain such high school 
or high schools not less than twenty-eight nor more than forty weeks 
in any school year. (88 v. 484, § i ; 95 v. 117, § 4009-1.) 

Sec. 4009-2. [Estimate of funds needed.] In townships where 
a high school or high schools are established, or may be established, 
by the township. board of education, the board shall annually deter- 
mine by estimate, as near as practicable, the entire amount of money 
necessary to be expended in the township for school and schoolhouse 
purposes, including the sustaining of teachers in such high schools, 
the prolonging of the terms of the several elementary schools of the 
township after the state funds shall have been exhausted, the erecting, 
repairing and furnishing of schoolhouses, and any other school pur- 
poses not exceeding in any one year ten mills on the dollar of the tax- 
able property of the township, which amount shall be certified in 
writing to the county auditor, as required by section 3960 of the Re- 
vised Statutes of Ohio. (88 v. 484, § 2 ; 95 v. 117, § 4009-2.) 

Sec. 4009-3. Repealed April 25, 1904. 

Sec. 4009-4. Repealed April 25, 1904. 



OHIO SCHOOL LAWS, 99 



Schools and Attendance Enforced. Ch. 9. 



Sec. 4009-5. Repealed April 25, 1904. 

Sec. 4009-6. Repealed April 25, 1904. 

Sec. 4009-7. Repealed April 25, 1904. 

Sec. 4009-8. Repealed April 25, 1904. 

Sec. 4009-9. Repealed April 25, 1904. 

Sec. 4009-10. Repealed April 25, 1904. 

Sec. 4009-11, Repealed April 25, 1904. 

Sec. 4009-12. Repealed April 25, 1904. 

Sec. 4009-13. Repealed April 25, 1904. 

Sec. 4009-14. Repealed April 25, 1904. 

(4009-15) Sec. I. [Joint township high schools; union of town- 
ship and village or special districts for high school purposes ; elections ; 
control of high school; funds for maintenance of high school,] The 
boards of edtication of two adjoining township school districts, or 
of a township district and of a village or special school district situated 
partially or wholly within the township, may, by a majority vote of 
the full membership of each of said boards, unite said districts for 
high school purposes and each board may submit the question of 
levying a tax on the property in their respective districts, for the pur- 
pose of purchasing a site and erecting a building, and may issue bonds, 
as is provided for in sections thirty-nine hundred and sixty-one, 
thirty-nine hundred and si.vty-tzvo and thirty-nine hundred and sixty- 
three of the Revised Statutes of Ohio, but said question of tax levy 
must carry in both districts before it shall become operative in either. 
If said boards of education have sufficient money in the treasury to 
purchase said site and erect said building, or if there is a suitable build- 
ing in either district owned by the board of education that can be used 
for a high school building, it shall not be necessary to submit the 
proposition to a vote, and the boards are authorized to appropriate 
money from their funds for this purpose. Any high school so estab- 
lished shall be under the management of the board of education of 
the district in which the school house is located, and shall be free 
to all youth of school age within both districts, subject to such rules 
and regulations as may be adopted by the board of education having 
control of the school in regard to the qualifications in scholarship 
requisite for admission, such rules and regulations to be of uniform 
operation throughout both districts. The funds for the maintenance 
and support of such high school shall be provided by appropriations 
from the tuition or contingent funds, or both, of each district, in pro- 
portion to the total valuation of property in the respective districts, 
the same to be placed in a separate fund in the treasury of the board 



100 OHIO SCHOOL LAWS. 



Ch. 9. Schools and Attendance Enforced. 

of education having control of the school and paid out by action of 
said board, but only for the purposes of mainlsaining. said school. 
(Passed and approved April 25, 1904.) 

(4009-16) Sec. 2. [Repeal of former laws relating to joint 
township and union high schools and substituting new law.] Joint 
township high school districts heretofore established as provided 
for in section 4009-15 to 4009-20 inclusive, of the Revised Stat- 
utes of Ohio, as they existed prior to the passage of this act, are 
hereby abolished and the schools in said distric^ shall be hereafter 
conducted as prov ^ed in section 4009-15 of the Revised Statutes of 
Ohio, as contained herein. Boards of education of special districts for 
high school purposes, as provided in section 4009& of the Revised 
Statutes of Ohio, as it existed prior to the .passage of this act, are here- 
by abolished and the high schools in said district/;shall hereafter be 
conducted and maintained as provided in section ^009-1 5 of the Re- 
vised Statutes of Ohio as herein contained. (Passed and approved 
April 25, 1904.) 

Sec. 4010, [Schools at children's homes, orphans' asylums and 
infirmaries; how sustained; to be under control of trustees of in- 
stitution.] The board of any district in which a children's home or or- 
phans' asylum is or may be established by law, or in which a county 
infirmary is or may be established, shall, when requested by the 
board of trustees of such children's home, orphans' asylum or the 
directors of such infirmary, establish in such home, asylum or in- 
firmary a separate school, so as to afford to the children therein, as 
far as practicable the advantages and privileges of a -common school 
education ; such scuools at infirmaries shall be continued in operation 
each year until the full share of all the-schD'Ot^{TiTd's'bf the district be- 
longing to such children, on the basis of the enumeration/ is expended, 
and at such homes and asylums not less thanr forty- fmit' weeks, if 
the distributive share of school funds to which such school at any 
such home or asylum is entitled by the enumeration of" children in 
the institution is not sufficient to continue the schools the length of 
time hereby required, the deficiency shall be paid out of th^'funds of 
the institution ; all schools so established in any sucjj,*Wmne, asylum 
or infirmary, shall be under the control and management of the re- 
spective boards of trustees or directors of such institution, which 
boards of trustees or directors shall, in the control and management 
of such schools, as far as practicable, be subject to the same laws 
that boards of education and other school officers are who have 
charge of the common schools of such district; in the establishment 
of such schools the commissioners of the county in which such 
children's home, orphans' asylum or county infirmary is established, 



OHIO SCHOOL LAWS. 101 



Schools and Attendance Enforced. Ch. 9. 



shall provide the necessary school room or rooms, furniture, fuel, 
apparatus and books, the cost of which furniture, fuel, apparatus 
and books for the schools of such homes, infirmaries and asylums, 
shall be paid out of the funds provided for such institutions; and 
the board of education shall incur no expense in supporting such 
schools. (1883, April 19; 80 v. 217; Rev. Stat. 1880; 75 v. 513, § 50; 
76 V. 75, § I.) 

Sec, 401 1. [Youth may be sent to charity school at Zanesville.] 
The board of education of the city of Zanesville may contract with the 
trustees having the management of any fund which has been provided 
by gift, devise, or bequest for the establishment or support of a school 
or schools for poor children therein, for the admission to any such 
school of children resident in the city, and pay to such trustees out 
of the school funds under its control, such tuition fee as may be agreed 
upon for each scholar so admitted, but not entitled to admission ac- 
cording to the terms of such gift, devise or bequest, and also pro- 
vide for such right of visitation or control of such school or schools 
by the board as may be agreed upon ; such school or schools shall be 
kept at the least equal in grade and efficiency to the corresponding 
public schools of the state, and every such contract shall expire in 
three years from the time of its execution, unless renewed or extended 
by agreement ; but this section shall in no manner apply to any school 
or schools supported or controlled by any church, congregation, sect 
or religious denomination or association of any kind. (75 v. 530, 

§ I-) 

Sec. 4012. [Evening schools.] In any township, special, village, 
or city district, or part thereof, parents or guardians of youth of school 
age may petition the board of education to organize an evening school. 
The petition shaa c ntain the names of not less than twenty-five youth 
of school age who will attend such school, and who for reasons satis- 
factory to the board are prevented from attending day school. Upon 
receiving such petition the board of education shall provide and fur- 
nish a suitable room for the evening school and employ a competent 
person who holds a regularly issued teacher's certificate, to teach it. 
Such board may discontinue any such evening school, when the aver- 
age evening attendance for any month falls below twelve. (90 v. 116; 
72 V. 29, § 51 ; S. & C. 1359.) 

Sec. 4012a. [Attendance by persons more than twenty-one years 
old.] Any person more than twenty-one years old may be permitted 
to attend evening school upon such terms and upon payment of such 
tuition as the board of education may prescribe. (90 v. 117.) 

Sec. 4013. [Who may attend school free; crediting school tax on 
tuition of non-resident pupils; assignment of pupils.] The schools 



102 OHIO SCHOOL LAWS. 



Ch. 9. Schools and Attendance Enforced. 

of each district shall be free to all youth between six and twenty-one 
years of age, who are children, wards or apprentices of actual residents 
of the district, including children of proper age who are or may be 
inmates of a county or district children's home located in any such 
school district, at the discretion of the board of education of said 
school district ; provided that all youth of school age living apart from 
their parents or guardians and who work to support themselves by 
their own labor, shall be entitled to attend school free in the district 
in which they are employed. Each board of education may admit 
other persons upon such terms or upon the payment of such tuition 
as it may prescribe ; provided, that when a youth between the age of 
six and twenty-one years or the parent of such youth owns property 
in a school district in which he does not reside and said youth 
attends the schools of said district, the amount of school tax paid on 
such property shall be credited on the tuition of said pupil. Boards 
of education are authorized to make such an assignment of the youth 
of their respective districts to the schools established by them as will 
in their opinion best promote the interests of education in their 
districts. (Passed and approved April 25, 1904.) 

Sec. 4014. [Suspension and expulsion of pupils,] No pupil shall 
be suspended from school by a superintendent or teacher except for 
such time as may be necessary to convene the board of education, and 
no pupil shall be expelled except by a vote of two-thirds of such board, 
and not until the parent or guardian of the offending pupil has been 
notified of the proposed expulsion, and permitted to be heard against 
the same ; and no pupil shall be suspended or expelled from any school 
beyond the current term thereof. (89 v. 96; 70 v. 195, § 71.) 

Sec. 4015. [Legal holidays; school may be dismissed on.] 
Teachers employed in the public schools may dismiss their schools, 
without forfeiture of pay, on the first day of January, the twenty- 
second day of February, the thirtieth day of May, the fourth day of 
July, the first Monday in September, the twenty-fifth day of December, 
and on the day set apart by proclamation of the President of the 
United States or Governor of this state as a day of fast, thanksgiving 
or mourning. (Passed and approved April 25, 1904.) 

(4015-1) Sec. I. [Arbor day.] That the governor of said state 
shall, not later than April appoint and set apart one day in the spring 
season of each year, as the day on which those in charge of the public 
schools and institutions of learning under state control, or state 
patronage, shall, for at least two hours, give information to the pupils 
and students concerning the value and interest of forestry, and the 
duty of the public to protect the birds thereof, and also for planting 



OHIO SCHOOL LAWS, 103 



Schools and Attendance Enforced. Ch. 9. 

forest trees. Said day shall be known as Arbor day. (79 v. 243 ; 

95 V. 38-) 

Sec. 4016. [School year, month, and week.] The school year 
shall begin on the first day of September of each year, and close on 
the thirty-first day of August of the succeeding year; and a school 
week will consist of five days, and a school month of four school 
weeks. (70 v. 215, § 70; 72 v. 181, § 6.) 

Sec. 4017. [Control of schools vested in boards; appointees; 
salaries.] Each board of education shall have the management and 
control of all of the public schools of whatever name or character 
in the district, with full power to appoint a superintendent of the 
public schools, truant officers, and janitors and fix their salaries ; and, 
if deemed essential for the best interests of the schools of the dis- 
trict, the board may, under proper rules and regulations, appoint a 
superintendent of buildings, and such other employes as the board 
may deem necessary, and fix their salaries ; 

[Salaries of teachers; paid during epidemic; appointments of 
former teachers.] And each board shall fix the salaries of all teachers, 
which salaries may be increased, but shall not be diminished during 
the term for which the appointment is made, and teachers shall be 
paid for all time lost when the schools in which they are employed are 
closed owing to an epidemic or other public calamity, but no person 
shall be appointed as a teacher for a term longer than four school years, 
nor for a less term than one year except to fill an unexpired term, the 
term to begin within four months of the date of the appointment, pro- 
vided that in making appointments teachers in the actual employ of the 
board shall be first considered before new teachers are chosen in their 
stead. 

[School director in city districts; appointment; power; duties; 
salary; removal.] A board of education in a city district may, at its 
discretion, elect a director of schools, who shall serve as svich for the 
term of two years, unless earlier removed as hereinafter provided, 
and any vacancy in this office shall be filled for the unexpired term 
of such director of schools. As director of schools, he shall execute 
for the board of education, in the name of the school district, its con- 
tracts and obligations, except that bonds issued shall be signed by 
the president of the board, and attested by the clerk. He shall see^ 
that all contracts made by or with said board shall be fully and faith- 
fully performed. Except teachers, assistant teachers, supervisors, 
principals, superintendent of instruction, clerk of the board of edu- 
cation, he shall have the appointment subject to the approval and con- 
firmation of the board of all employes, and may discharge the same. 



104 OHIO SCHOOL LAWS. 

Ch. 9. Schools and Attendance Enforced. 

He shall have the care and custody of all property of the school dis- 
trict, real and personal, except moneys. He shall oversee the con- 
struction of buildings, in the process of erection, and the repairs of 
the same. He shall advertise for bids and purchase all supplies and 
equipments authorized by the board. He shall report to the board 
monthly, and oftener if required, as to all matters under his super- 
vision, and report to the board a statement of its accounts, exhibiting 
the revenues, receipts, disbursements, assets and liabilities of the 
board, the sources from which the revenues and funds are derived, 
and in what manner the same have been disbursed. He shall keep 
accurate account of taxes levied for school purposes, and all moneys 
due to, received and disbursed by the board ; also, of all assets and 
liabilities and all appropriations made by the board, and shall receive 
and preserve all vouchers for payments and disbursements made to 
or by the board. He shall issue all warrants for the payment of 
money from the school fund, but no warrant shall be issued for the 
payment of any claim until such claim has been approved by the board, 
and the pay-roll for teachers, assistant teachers and supervisors 
shall be counter-signed by the superintendent of instruction. He 
shall attend all meetings of the board, and perform all of its executive 
functions not hereinbefore excepted in defining the duties of the 
director of schools. He shall devote such portion of his time to the 
duties of his office as may be required by the board of education at 
or before his election, and shall give a bond for the faithful discharge 
of his duties as director of schools, in such sum as the board may 
determine, his sureties to be approved by the board, which bond shall 
b-e deposited with the president of the board within ten days after his 
appointment. He shall receive such compensation, not exceeding 
$5,000 per annum, as may be fixed by the board before his election, 
which compensation shall not be changed during his term of office. 
The board of education may, at any time, by a two-thirds vote for 
cause, suspend or remove the director of schools, but such suspension 
or removal shall not be made unless the charges are preferred in writ- 
ing, and an opportunity afforded to bring all offered pertinent tes- 
timony in as a defense, which testimony shall be received and con- 
sidered by the board and made a part of the records. 

[Contract with employes; resignations; dismissals.] Upon the 
appointment of any person to any position under the control of the 
board of education, it shall be the duty of the clerk promptly to notify 
such person verbally or in writing of the appointment and the con- 
ditions thereof and request and secure from such person within a 
reasonable time to be determined by the board, his acceptance or re- 
jection of the appointment thus made, and an acceptance of such 



OHIO SCHOOL LAWS. 105 



Schools and Attendance Enforced. Ch. 9. 

appointment within the time thus determined shall constitute a con- 
tract binding both parties thereto until such time as it may be dis- 
solved, shall expire, or the appointee be dismissed for cause. All 
resignations or requests for release from contract by teachers, super- 
intendents, or employes, shall be promptly considered by the board, 
but no resignation or release shall become effective except by consent 
of the board. Each board may dismiss any appointee or teacher for 
inefficiency, neglect of duty, immorality, or improper conduct ; but no 
teacher shall be dismissed by any board unless the charges are first 
reduced to writing and an opportunity be given for defence before 
the board, or a committee thereof, and a majority of the full member- 
ship of the board vote upon roll call in favor of such dismissal. 
(Passed and approved April 25, 1904.) 

Sec, 4017(7. [Superintendents and teachers in city districts; ap- 
pointment and term o£ office; duties.] The board of education in 
each city school district shall appoint a suitable person to act as 
superintendent of the public schools of the district, for a term not long- 
er than five school years, the term to begin within four months of such 
appointment. Provided, that the present board of education shall 
not employ a superintendent for a term to exceed [extend] beyond the school 
year ending August 31, 1905. Said superintendent shall, upon his 
acceptance of the appointment, become thereby empowered to appoint, 
subject to the approval and confirmation of the board, all the teachers, 
and he may for cause suspend any person thus appointed until the 
board or a committee of the board may consider such suspension, 
but no one shall be dismissed by the board except as provided in 
section 4017 of the Revised Statutes of Ohio; provided that any city 
board of education may, upon a three-fourths vote of its full member- 
ship, re-employ any teacher whom the superintendent refuses to ap- 
point. Said superintendent shall visit the schools under his charge, 
direct and assist teachers in the performance of their duties, classify 
and control the promotion of pupils, and perform such other duties 
as the board may determine. He shall report to the board of educa- 
tion annually, and' oftener if required, as to all matters under his 
supervision, and may be required by the board to attend any and all 
of its meetings and may take part in its deliberations but shall not vote. 

[Superintendent and teachers in other districts; appointment and 
term of office; duties.] The board of education of each village, town- 
ship and special school district may appoint a suitable person to act 
as superintendent, and to employ the teachers of the public schools 
of the district, for a term not longer than three school years, the term 
to begin within four months of the date of the appointment; but noth-' 
ing herein shall be construed as preventing two or more districts 



106 OHIO SCHOOL LAWS. 



Ch. 9. Schools and Attendance Enforced. 

uniting and appointing the same person as superintendent. Provided, 
that the present board of education shall not employ a superintend- 
ent or teacher for a term to extend beyond the school year ending 
August 31, 1905. The superintendent shall, upon his acceptance of 
the appointment, become thereby empowered to visit the schools 
under his charge, direct and assist teachers in the performance of their 
duties, classify and control the promotion of pupils, and perform such 
other duties as the board may determine. He shall report to the board 
of education annually, and oftener if required, as to all matters under 
his supervision, and may be required by the board to attend any and 
all of its meetings, and may take part in its deliberations, but shall 
not vote; provided, however, that any board may permit or require 
the superintendent to devote a portion of his time to teaching, subject 
to the rules and regulations of said board. (Passed and approved 
April 25, 1904.) 

Sec. 4018. [Teachers, duties of; janitor work not required.] 

All teachers shall exercise reasonable care in regard to all school 
property, apparatus, and supplies intrusted to their keeping. They 
shall strive to guard the health and physical welfare of the pupils in 
their schools, give efficient instruction in the studies pursued, and 
endeavor to maintain and preserve good discipline over all the pupils 
under their charge. Provided, however, that no teacher shall be 
required by any board to do the janitor work of any school room or 
building, except as mutually agreed by special contract, and for 
compensation in addition to that received by him for his services as 
teacher. (Passed and approved April 25, 1904.) 

Sec. 4019. [Teachers dismissed for insufficient cause may insti- 
tute suit.] If the board of education of any district dismiss any 
teacher for any frivolous or insufficient reason, such teacher may bring 
suit against such district, and if, on the trial of the cause, a judgment 
be obtained against the district, the board thereof shall direct the 
clerk to issue an order upon the treasurer for the sum so found due 
to the person entitled thereto, to pay the same out of any money in 
his hands belonging to such district, and applicable to the payment of 
teachers ; and in such suits process may be served on the clerk of the 
district, and service upon his [him] shall be sufficient. (Passed and 
approved April 25, 1904.) 

Sec. 4020. Repealed, 88 v. 568, § 10., 

(4020-1) Sec. I. (Superseded by sec. 4020-10 — 4020-14, but not 
repealed. Enacted, 88 v. 568.) 

(4020-2) Sec. 2. (Superseded by sec. 4020-10 — 4020-14, but not 
repealed.) 



OHIO SCHOOL LAWS. 



107 



Schools and Attendance Enforced. 



Ch. 9. 



(4020-3) Sec. 3. (Superseded by sec. 4020-10 — 4020-14, 
repealed.) 

(4020-4) Sec. 4. (Superseded by sec. 4020-10 — 4020-14, 
repealed.) 

(4020-5) Sec. 5. (Superseded by sec. 4020-10 — 4020-14, 
repealed.) 

(4020-6) Sec. 6. (Superseded by sec. 4020-10 — 4020-14, 
repealed.) 

(4020-7) Sec. 7. (Superseded by sec. 4020-10 — 4020-14, 
repealed.) 

(4020-8) Sec. 8. (Superseded by sec. 4020-10 — 4020-14, 
repealed.) 

(4020-9) Sec. 9. (Superseded by sec. 4020-10 — 4020-14, but not 
repealed. Enacted, 88 v. 568.) 



but 


not 


but 


not 


but 


not 


but 


not 


but 


not 


but 


not 



TEXT-BOOK LAW. 



(4020-10) Sec. I. [Filing and preservation of copies and prices 
of school books.] Any publisher or publishers of school books in 
the United States desiring to offer school books for use by pupils 
in the common schools of Ohio as hereinafter provided, shall, be- 
fore such books may be lawfully adopted and purchased by any school 
board in this state, file in the ofBce of the state commissioner of 
common schools a copy of each book proposed to be so offered, 
together with the published list wholesale price thereof, and no re- 
vised edition of any such book shall be used in the common schools 
until a copy of such revised edition shall have been filed in the offfce 
of the said commissioner together with the published list whole- 
sale price thereof. The said commissioner shall carefully preserve 
in his office all such copies of books and the prices thereof so filed. 
(92 V. 282.) 

(4020-11) Sec. 2, [Maximum price; notification of publisher.] 
Whenever and so often as any book and the price thereof shall be so 
filed in the commissioner's ofifice as provided in section i, a com- 
mission consisting of the governor, the secretary of state and the 
state commissioner of common schools shall immediately fix 
the maximum price at which such books may be sold to or pur- 
chased by boards of education as hereinafter provided, which max- 
imum price so fixed on any book shall not exceed seventy-five per 
cent, of the published list wholesale price thereof, and the state 
commissioner of common schools shall immediately notify the pub- 



108 OHIO SCHOOL LAWS. 



Ch. 9. Schools and Attendance Enforced. 

lisher of such books so filed, of the maximum price so fixed. If 
the pubHsher so notified, shall notify the commissioner in writing 
that he accepts the price so fixed, and shall agree in writing to 
furnish such book during a period of five years at the price so fixed, 
such written acceptance and agreement shall entitle said publisher 
to offer said book so filed for sale to said board of education for use 
by the pupil under the terms of this act. (92 v. 282.) 

(4020-12) Sec, 3. [Notices to boards; legality dependent on 
compliance.] The said commissioner shall during the first half of 
the month of June, 1896, and during the first half of the month of 
June in each year thereafter, furnish to each board of education the 
names and addresses of all publishers who shall have during the 
■year ending on the first day of said month of June in each year, 
agreed in writing to furnish their publications upon the terms pro- 
vided in this act. And it shall not be lawful for any board of ed- 
ucation to adopt or cause to be used in the common schools any 
book whose publisher shall not have complied, as to said book, with 
the provisions of this act. (92 v. 282.) 

(4020-13) Sec. 4. [Procedure upon violation of agreement by 
publisher.] If any publisher who shall have agreed in writing to 
furnish books as provided in this act, shall fail or refuse to furnish 
such books adopted as herein provided to any board of education 
or its authorized agent upon the terms as herein provided, it shall 
be the duty of said board at once to notify the said commission of 
such failure or refusal, and the commission shall at once cause an 
investigation of such charge to be made, and if the same is found 
to be true the commission shall at once notify said publisher and 
each board of education in the state that said book shall not hereafter 
be adopted and purchased by boards of education ; and said pub- 
lisher shall forfeit and pay to the state of Ohio five hundred dol- 
lars for each failure, to be recovered in the name of the state, in 
an action to be brought by the attorney general, in the court of 
common pleas of Franklin county, or in any other proper court or in 
any other place where service can be made, and the amount, when 
collected, shall be paid into the state treasury to the credit of the 
common school fund of the state. (92 v. 282.) 

(4020-14) Sec. 5. [Studies, etc.; shipment of books, etc.; sale to 
pupils; purchase from pupils; free books.] Each board of education 
on receiving the statements, above mentioned, from said commis- 
sioner, shall on the third Monday in August thereafter meet, and at 
such meeting, or at an adjourned meeting within two weeks after 
said Monday, determine by a majority vote of all members elected 



OHIO SCHOOL LAWS. 109 



Schools and Attendance Enforced. Ch. 9. 

the studies to be pursued and which of said text-books so filed shall 
be used in the schools under its control, but no text-books so adopted 
shall be changed, nor any part thereof altered or revised, nor shall 
any other text-book be substituted therefor for five years after the 
date of the selection and adoption thereof without the consent of 
three-fourths of all the members elected, given at a regular meet- 
ing; and each board of education shall cause it to be ascertained, 
and at regular meetings in April and August shall determine which, 
and the number of each of said books the schools under its charge 
shall require, until the next regular meetings in April and August, 
and shall cause an order to be drawn for the amount in favor of 
the clerk of the board of education, payable out of the contingent 
fund ; and said clerk shall at once order said books so agreed upon 
by the board, of the publisher, and the publisher, on the receipt of 
such order, shall ship such books. to said clerk without delay, and the 
clerk shall forthwith examine such books, and, if found right and 
in accordance with said order, remit the amount to said publisher, 
and the board of education shall pay all charges for the transpor- 
tation of such books, out of the school contingent fund ; but if said 
boards of education can, at any time, secure of the publishers books 
at a price less than said maximum price, it shall be its duty so to do, 
and may without unnecessary delay, make effort to secure such lower 
price before adopting any particular text-book. Each board of ed- 
ucation shall have power to, and shall make all necessary provisions 
and arrangements to place the books so purchased within easy reach 
of and accessible to all the pupils in their district, and for that purpose 
may make such contracts, and take such security as they may 
deem necessary, for the custody, care and sale of such books and 
accounting for the proceeds ; but not to exceed ten per cent, of the cost 
price shall be paid therefor, and said books shall be sold to the 
pupils of school age in the district, at the price paid the publisher, 
and not to exceed ten per cent, therefor added, and the proceeds 
of such sale shall be paid into the contingent fund of such district, 
^and whoever receives said books from the board of education for 
sale as aforesaid to the pupils, and fails to account honestly and 
fully for the same, or for the proceeds to the board of education 
when required, shall be guilty of embezzlement and punished ac- 
cordingly. Provided, however, boards of education may contract 
with local retail dealers to furnish said books at prices above spec- 
ified, the said board being still responsible to the publishers for all 
books purchased by the said board of education. And when pupils 
remove from any district, and have text-books of the kind adopted 
in such district, and not being of the kind adopted in the district to 



110 



OHIO SCHOOL LAWS. 



CL. 9. Schools and Attendance Enforced. 



which they remove, and wish to dispose of the same, the board of 
the district from which they remove, when requested, shall purchase 
the same at the fair value thereof, and resell the same as other books ; 
and nothing in this act shall prevent the board of education from 
furnishing free books to pupils as provided by law. That for the 
purpose of carrying into effect the foregoing provisions of this act, 
and paying the expenses incident thereto, there be and is hereby 
appropriated out of any money in the state treasury, to the credit 
of the general revenue fund, not otherwise appropriated, the sum 
of five hundred dollars, to be disbursed and paid on the allowance 
and order of said commissioner. (92 v. 282.) 

(4020-15) Sec. I. [Purchase of Howe's Historical Collections 
of Ohio for schools; payment.] The boards of education of city, 
village, township and special school districts in the state be and 
are hereby authorized to purchase for each school in either of said 
districts one copy of "Howe's Historical Collections of Ohio," to be 
used as a reference book in the study of the history of the state; 
provided that said book shall be in quality, style, binding and finish 
equal to the present published edition of said work, bound in half 
Russia leather, and shall cost not to exceed three dollars per vol- 
ume, for each set of three volumes ; provided further, that the price 
of the books and cost of transportation shall be paid out of the 
contingent fund of such district. (89 v. 241.) 

(4020-16) Sec. 2. [Care and preservation of books.] Said books, 
during the vacations of schools, or when the schools are not in session, 
shall be taken care of in the same manner that maps, globes, diction- 
aries and other school apparatus are cared for and preserved. (89 
V. 241.) 

(4020-17) Sec. I. [Physical training in city schools.] Physical 
training shall be included in the branches to be regularly taught 
in public schools in city school districts, and in all educational in- 
stitutions supported wholly or in part by money received from the 
state, and it shall be the duty of the boards of education of city 
school districts, and boards of such educational institutions to make 
provisions in the schools and institutions under their jurisdiction for 
teaching of .physical training, and to adopt such methods as shall 
adapt the same to the capacity of the pupils in the various grades 
therein; and other boards may make such provisions. The curric- 
ulum in all normal schools of this state shall contain a regular course 
on physical education. (Passed and approved April 25, 1904.) 

(4020-18) Sec. I. [Manual training departments, commercial 
departments and kindergartens authorized.] Any board of education 



OHIO SCHOOL LAWS. Ill 



Schools and Attendance Enforced. Ch. 9. 

may establish and maintain manual training and commercial de- 
partments and kindergartens in connection with the public school 
system and pay the expenses of establishing and maintaining said 
schools from the public school funds, in the same manner and from 
the same funds as other school expenses are paid. (Passed and 
approved April 25, 1904.) 

("4020-19) Sec. I. Repealed April 25, 1904. 

(4020-20) Sec. 2, Repealed April 25, 1904. 

(4020-21) Sec. I. Repealed April 25, 1904. 

(4020-22) Sec. 2. Repealed April 25, 1904.' 

(4020-23) Sec, I. [Instruction in the effects of alcholic drinks 
and other narcotics; made a regular branch of study.] The nature 
of alcoholic drinks and other narcotics, and their effects on the 
human system, in connection with the various divisions of physi- 
ology and hygiene, shall be included in the branches to be regularly 
taught in the common schools of the state, and in all educational 
institutions supported wholly, or in part, by money from the state ; 
and it shall be the duty of boards of education, and boards of such 
educational institutions to make suitable provisions for this instruc- 
tion in the schools and institutions under their respective jurisdiction, 
giving definite time and place for this branch in the regular course 
of study ; and to adopt such methods as will adapt the same to the 
capacity of pupils in the various grades ; and to corresponding classes 
as found in ungraded schools ; the same tests for promotion shall 
be required in this as in other branches. (94 v. 396; 85 v. 213.) 

(4020-24) Sec. 2. [Instruction required in teachers' institutes 
and teachers' training schools ; teachers' certificate must contain ; en- 
forcement of law.] In all teachers' institutes, also in all normal 
schools and teachers' training classes which shall hereafter be es- 
tablished by the state, adequate time and attention shall be given 
to instruction in the best methods of teaching this branch. No cer- 
tificate shall be granted to any person to teach in the common schools 
or in any educational institution supported as aforesaid who does 
not pass a satisfactory examination on this subject, and the best 
methods of teaching the same. It shall be the duty of the state com- 
missioner of common schools to see that the provisions in this 
section relating to county teachers' institutes, and schools and classes 
by whatever name hereafter established for training teachers, and 
the examination of teachers, are carried out ; and said commissioner 
shall, each year, make full report of the enforcement of said section 
in connection with his annual report. (94 v. 396; 85 v. 213.) 



112 OHIO SCHOOL LAWS. 



Ch. 9. Schools and Attendance Enforced. 

(4020-25) Sec. 3. [Penalty for failure to enforce law; jurisdic- 
tion of courts.] Any school official, or any employe in any way 
concerned, in the enforcement of the act, who wilfully refuses or 
neglects to provide for, or to give the instruction required by this 
act, shall be fined, and shall pay for each offense the sum. of twenty- 
five dollars. Mayors, justices of the peace and probate judges shall 
have concurrent jurisdiction with the common pleas court to try 
the offenses described in this act and all fines, or penalties, collected 
under this act shall be paid into the general county school fund of the 
county in which such fine or penalty was collected. (94 v. 396; 85 
V. 213.) 

Sec. 4021. [German language taught, how.] Boards of ed- 
ucation are authorized to provide for the teaching of the German 
language in the elementary and high schools of the district over 
which they have control, but said language shall only be taught in 
addition to, and as auxiliary to, the English language; all the common 
branches in the public schools shall be taught in the English language. 
(Passed and approved April 25, 1904.) 

Sec. 4022. [Pupils may be sent from one district to another.] 
The board of any district may contract with the board of any other 
district for the admission of pupils into any school in such other 
district, on such terms as may be agreed upon by such boards ; and 
the expense so incurred shall be paid out of the school funds of the 
district sending such pupils. (73 v. 243, § 64.) 

Sec. 4022a. [Attendance when pupils live over one and one- 
half miles from school; payment of tuition, how computed.] When 
pupils live more than one and one-half miles from the school to 
which they are assigned in the district in which they reside, they 
are entitled to attend a nearer school in the same district, or if 
there be no nearer school in said district, they may attend the nearest 
school in another school district, in all grades below the high school, 
and in such cases the board of education of the district in which 
they reside shall be compelled to pay the tuition of such pupils with- 
out an agreement to that effect, but a board of education shall not 
collect tuition for attendance as provided herein until after notice 
of such attendance shall have been given to the board of education 
of the district where the pupils reside, but nothing contained herein 
shall be construed to require the consent of the board of edu- 
cation of the district where the pupils reside, to such attendance; 
said tuition shall be paid from either the tuition or the contin- 
gent funds and the amount per capita shall be ascertained by 
dividing the total expenses of conducting the elementary schools of 



OHIO SCHOOL LAWS. 113 



Schools and Attendance Enforced. Ch. 9. 

the district attended, exclusive of permanent improvements and re- 
pairs, by the total enrollment in the elementary schools of the 
district, said amount to be computed by the month and an attend- 
ance any part of a month shall create a liability for the whole month. 
When the schools of a district are centralized or transportation of 
pupils provided, the provisions of this section shall not apply. (Passed 
and approved April 25, 1904.) 

COMPULSORY EDUCATION. 

Sec. 4022-1. [In what branches children must be taught; neces- 
sarj^ time of attendance; excuse; appeal in case of refusal to excuse.] 
All parents, guardians and other persons who have care of children, 
shall instruct them, or cause them to be instructed in reading, spell- 
ing, writing, English grammar, geography and arithmetic. Every 
parent, guardian or other person having charge of any child between 
the ages of eight and fourteen years shall send such child to a 
public, private or parochial school, for the full time that the 
school attended is in session, which shall in no case be for less 
than twenty-four weeks, and said attendance shall begin within the 
first week of the school term, unless the child is excused from such 
attendance by the superintendent of the public schools, in cit}^ or 
other districts having such superintendent, or by the clerk of the 
board of education in village, special and township districts not hav- 
ing such superintendent, or by the principal of the private or paro- 
chial school, upon satisfactory showing, either that the bodily or 
mental condition of the child does not permit of its attendance at 
school, or that the child is being instructed at home by a person 
qualified, in the opinion of the superintendent of schools in city or 
other districts having such superintendent, or the clerk of the board 
of education in special, village and township districts not having 
such superintendent, to teach the branches named in this section. In 
case such superintendent, principal or clerk refuse to excuse a child 
from attendance at school, an appeal may be taken from such de- 
cision to the probate judge of the county, upon the giving of a bond, 
within ten days after such refusal, to the approval of said judge, 
to pay all the cost of the appeal, and the decision of the probate 
judge in the matter shall be final. All children between the ages 
of fourteen and sixteen years, not engaged in some regular employ- 
ment, shall attend school for the full term the schools of the district 
in which they reside are in session during the school year, unless 
excused for [the] reasons above named. Any parent, guardian, or 

8-S. L. 



114 OHIO SCHOOL LAWS. 



Ch. 9. Schools and Attendance Enforced. 



other person, having care of a child between the ages of eight and 
fourteen years, who shall, in violation of the provisions of this sec- 
tion, fail to place such child in school at the commencement of the 
annual school term within the time prescribed in this section, shall 
upon conviction, be fined not less than five dollars nor more than 
twenty dollars. And upon the failure or refusal of any such parent, 
guardian, or other person to pay said fine, then said parent, guardian, 
or other person shall be imprisoned in the county jail not less than 
ten days nor more than thirty days. (95 v. 615 ; 90 v. 285 ; 86 v. 333 ; 
89 V. 389; 87 V. 316, 143.) 

Sec. 4022-2. [Employment of children under sixteen years of 
age; penalty.] No child under sixteen years of age shall be em- 
ployed or be in the employment of any person, company or corpor- 
ation during the school term and while the pubhc schools are in ses- 
sion, unless such child shall present to such person, company or cor- 
poration an age and schooling certificate herein provided for. An 
age and schooling certificate shall be approved only by the super- 
intendent of schools, or by a person authorized by him, in city or 
other districts having such superintendent, or by the clerk of the 
board of education in village, special and township districts not hav- 
ing such superintendent, upon a satisfactory proof of the age of 
such minor and that he has successfully completed the studies enum- 
erated in section 4022-1 of the Revised Statutes of Ohio; or if be- 
tween the ages of fourteen and sixteen years, a knowledge of his or 
her ability to read and write legibly the English language. The age 
and schooling certificate shall be formulated by the state commis- 
sioner of common schools and the same furnished, in blank, by the 
clerk of the board of education. Every person, company or cor- 
poration employing any child under sixteen years of age, shall ex- 
act the age and schooling certificate prescribed in this section, as a 
condition of employment and shall keep the same on file, and shall upon 
request of the truant officer herein provided for, permit him to ex- 
amine such age and schooling certificate. Any person, company or 
corporation, employing any minor contrary to the provisions of this 
section shall be fined not less than twenty-five nor more than fifty 
dollars. (April 25, 1904; 95 v. 616; 90 v. 285 ; 86 v. 334, § 2.) 

Sec. 4022-3. [Attendance of minors in certain cases; employ- 
ment of such minors ; penalty.] All minors over the age of fourteen 
and under the age of sixteen years, who cannot read and write the 
English language shall be required to attend school as provided in 
section 4022-1 of the Revised Statutes of Ohio and all the provisions 
of said section shall apply to said minors ; provided, that such attend- 



OHIO SCHOOL LAWS. 115 



Schools and Attendance Enforced. Ch. 9. 

ance shall not be required of such minors after they have secured 
a certificate from the superintendent of schools, in districts having 
superintendents or the clerk of the board of education in districts 
not having superintendents, that they can read and write the English 
language. No person, company or corporation shall employ any 
such minor during the time schools are in session, or having such 
minor in their employ shall immediately cease such employment, 
upon notice from the truant officer who is hereinafter provided for. 
Every person, company or corporation violating the provisions of 
this section shall be fined not less than twenty-five nor more than 
fifty dollars. (95 v. 617 ; 90 v. 286 ; 86 v. 334 ; §§ 3, 4 ; 87 v. 143.) 

Sec. 4022-4. [Juvenile disorderly persons.] Every child between 
the ages of eight and fourteen years, and every child between the 
ages of fourteen and sixteen years unable to read and write the Eng- 
lish language, or not engaged in some regular employment, who is 
an habitual truant from school, or who absents itself habitually from 
school, or who, while in attendance at any public, private or. paro- 
chial school, is incorrigible, vicious or immoral in conduct, or who 
habitually wanders about the streets and public places during school 
hours having no business or lawful occupation, shall be deemed a 
juvenile disorderly person, and be subject to the provisions of this 
act. (95 V. 617 ; 90 v. 286 ; 86 v. 335, § 5 ; 90 v. 57 ; 88 v. 136.) 

Sec. 4022-5. [Truant officers; powers and duties.] To aid in 
the enforcement of this act, truant officers shall be appointed and 
employed as follows : In city districts the board of education shall 
appoint and employ one or more truant officers ; in special, village 
and township districts the board of education shall appoint a con- 
stable or other person as truant officer. The compensation of the 
truant officer shall be fixed and paid by the board appointing him. 
The truant officer shall be vested with police powers, the authority 
to serve warrants, and shall have authority to enter workshops, fac- 
tories, stores and all other places where children may be employed, and 
do whatever may be necessary, in the way of investigation or other- 
wise, to enforce this act ; he is also authorized to take into custody 
the person of any youth between eight and fourteen years of age, 
or between fourteen and sixteen years of age when not regularly 
employed or when unable to read and write the English language, 
who is not attending school, and shall conduct said youth to the school 
he has been attending, or which he should rightfully attend. The 
truant officer shall institute proceedings against any officer, parent, 
guardian, person or corporation violating any provisions of this act, 
and shall otherwise discharge the duties described in this act, and 



116 OHIO SCHOOL LAWS. 



Ch. 9. Schools and Attendance Enforced. 

perform such other services as the superintendent of schools or the 
board of education may deem necessary to preserve the morals 
and secure the good conduct of school children, and to enforce this 
act. The truant officer shall keep a record of his transactions for 
the inspection and information of the superintendent of the schools 
and the board of education ; and he shall make daily reports to the 
superintendent of schools during the school term in districts having 
superintendents, and to the clerk of the board of education in districts 
not having superintendents, as often as required by him. Suitable 
blanks for the use of the truant officer shall be provided by the 
clerk of the board of education. (95 v. 617; 90 v. 286; 86 v. 335, § 6; 
87 V. 325, 144.) 

Sec. 4022-6. [Report of principal and teachers.] It shall be the 
duty of all principals and teachers of all schools, public, private and 
parochial, to report to the clerk of the board of education of the city, 
special, village or township district in which the schools are situated, 
the names, ages and residences of all pupils in attendance at their 
schools, together with such other facts as said clerk may require 
in order to facilitate the carrying out of the provisions of this act, 
and the clerk shall furnish blanks for such purpose, and such report 
shall be made during the last week of each month from September to 
June inclusive of each year. It shall be the further duty of such 
principals and teachers to report to the truant officer, the superin- 
tendent of public schools, or the clerk of the board of education, 
all cases of truancy or incorrigibility in their respective schools as 
soon after these offenses have been committed as practicable. (95 v. 
618; 90 V. 287.) 

Sec. 4022-7. [Proceedings in case of truancy; penalties.] On 
the request of the superintendent of schools or the board of education, 
or when it otherwise comes to his notice, the truant officer shall ex- 
amine into any case of truancy within his district, and warn the 
truant and his parents, guardian or other person in charge, in writing, 
of the final consequences of truancy if persisted in. When any child 
between the ages of eight and fourteen years, or any child between the 
ages of fourteen and sixteen years who cannot read and write the 
English language or who is not regularly employed, is not attending 
school, in violation of the provisions of this act, the truant officer shall 
nutify the parent, guardian or other person in charge of such child, 
of the fact, and require such parent, guardian or other person in charge, 
to cause the child to attend some recognized school within two days 
from the date of the notice; and it shall be the duty of the parent, 
guardian or other person in charge of the child, so to cause its attend- 



OHIO SCHOOL LAWS. 117 



Schools and Attendance Enforced. Ch, 9. 

ance at some recognized school. Upon failure to do so, the truant 
officer shall make complaint against the parent, guardian or other 
person in charge of the child, in any court of competent jurisdiction 
in the city, special, village or township district in which the offense 
occurs, for such failure, and upon conviction, the parent, guardian or 
other person in charge, shall be fined not less than five dollars nor 
r-iore than twenty dollars, or the court may in its discretion, require 
the person so convicted to give a bond in the penal sum of one hun- 
dred dollars, with sureties to the approval of the court, conditioned that 
he or she will cause the child under his or her charge to attend some 
recognized school within two days, thereafter and to remain at such 
school during the term prescribed by law ; and upon the failure or re- 
fusal of any such parent, guardian or other person to pay said fine 
and costs or furnish said bond according to the order of the court, 
then said parent, guardian or other person shall be imprisoned in the 
county jail not less than ten days nor more than thirty days, (95 v. 
618; 90 V. 287; 86 V. 336, § § 8, 9.) 

Sec. 4022-8. [Proceedings against juvenile disorderly persons.] 
If the parent, guardian or other person in charge of any child shall, 
upon the complaint under the last section for failure to cause the 
child to attend a recognized school prove inability to do so, then he 
or she shall be discharged, and thereupon the truant officer shall make 
complaint that the child is a juvenile disorderly person within the 
meaning of section 4022-4 of the Revised Statutes of Ohio. If such 
complaint be made before any mayor, justice of the peace, or police 
judge, it shall be certified by such magistrate to the probate judge. 
The probate judge shall hear such complaint, and if he determine 
that the child is a juvenile disorderly person within the meaning of 
section 4022-4 of the Revised Statutes of Ohio he shall commit the 
child if under ten years of age, and eligible for admission thereto, to a 
children's home, or if not eligible, then to a house of refuge if there be 
one in the county or to the boys' industrial school or the girls' indus- 
trial home, or to some other juvenile reformatory. No child over ten 
years of age shall be committed to a county children's home, and any 
child committed to a children's home, may on request of the trustees 
of such home and it being shown that it is vicious and incorrigible, 
be transferred by the probate judge to the boys' industrial school or 
the girls' industrial home. A child committed to any juvenile re- 
formatory under this section, shall not be detained there beyond the 
age of sixteen years and may be discharged sooner by the trustees 
under the restrictions applicable to other inmates. Any order of com- 
mitment to a juvenile reformatory may be suspended, in the discre- 



118 OHIO SCHOOL LAWS. 



Cli. 9. Schools and Attendance Enforced. 

tion of the probate judge, for such time as the child may regularly 
attend school and properly conduct itself. The expense incurred in 
the transportation of a child to a juvenile reformatory and the costs in 
the case in which the order of commitment is made, or the child dis- 
charged, or in which judgment is suspended, shall be paid by 
the county where the offense was committed, after the manner pro- 
vided in section 759 of the Revised Statutes of Ohio. Provided, fur- 
ther, that if for any cause the parent, guardian or other person in 
charge of any juvenile disorderly person as defined in section 4022-4 
of the Revised Statutes of Ohio shall fail to cause such juvenile dis- 
orderly person to attend a school, then complaint against such juvenile 
disorderly person shall be made, heard and determined in like manner 
as provided in case the parent proves inability to cause such juvenile 
disorderly person to attend school. (95 v. 619; 90 v. 288; 86 v. 337, 
§8; 87 V. 325, 144.) 

Sec. 4022-g. [Relief to enable child to attend school required 
time.] When iny truant officer is satisfied that any child, compelled 
to attend school by the provisions of this act, iS unable to attend school 
because absolutely required to work, at home or elsewhere, in order 
to support itself or help support or care for others legally entitled to 
its services, who are unable to support or care for themselves, the 
truant officer shall report the case to the authorities charged with the 
relief of the poor, and it shall be the duty of said officers to afford such 
relief as will enable the child to attend school the time each year re- 
quired under this act. Such child shall not be considered or declared 
a pauper by reason of the acceptance of the relief herein provided for. 
In case the child, or its parents or guardian, refuse or neglect to take 
advantage of the provisions thus made for its instruction, such child 
may be committed to a children's home or a juvenile reformatory, as 
provided for in section 4022-8 of the Revised Statutes of Ohio. In all 
cases where relief is necessary it shall be the duty of the board of 
education to furnish text books free of charge and said board may fur- 
nish any further relief it may deem necessary, the expenses incident 
to furnishing said books and the relief to be paid from the contingent 
funds of the school district. (95 v. 620 ; 90 v. 289 ; 86 v. 337, § 8.) 

Sec. 4022-10. [As to institution of deaf and dumb or institution 
for blind.] The provisions of this act shall apply to children entitled 
under existing statutes, to attend school at the institution for the deaf 
and dumb or the institution for the blind, so far as the same are prop- 
erly enforcible. Truant officers shall, within sixty days after the 
passage of this act, and annually between the first day of July and the 
first day of August, report to the probate judge of their respective 



OHIO SCHOOL LAWS. * 119 



Schools and Attendance Enforced. Ch. 9. 

counties the names, ages and residence of all such children between 
the ages of eight and eighteen years, with the names and postoffice ad- 
dress of their parents, guardians or the persons in charge of them ; 
also a statement whether the parents, guardi^ins or person in charge 
of each child is able to educate and is educating the child, or whether 
the interests of the child will be promoted by sending it to one of the 
state institutions mentioned. Upon information thus or otherwise ob- 
tained, the probate judge may fix a time when he will hear the question 
whether any such child shall be required to be sent for instruction to 
one of the state institutions mentioned, and he shall thereupon issue a 
warrant to the proper truant officer or some other suitable person, to 
bring the child before such judge at his office at the time fixed for the 
hearing ; and shall also issue an order on the parents, guardian or per- 
son in charge of the child to appear before him at such hearing, a 
copy of which order, in writing, shall be served personally on the 
proper person by the truant officer or other person ordered to bring" 
the child before the judge. If, on the hearing, the probate judge is 
satisfied that the child is not being properly educated at home, and 
will be benefited by attendance at one of the state institutions men- 
tioned, and is a suitable person to receive instruction therein, he may 
send or commit such child to such institution. The cost of such hear- 
ing, and the transportation of the child to such institution shall be 
paid by the county after the manner provided, where a child is com- 
mitted to a state reformatory under section 4022-8 of the Revised 
Statutes of Ohio; provided nothing in this section contained shall be 
construed to require the trustees of either of the state institutions 
mentioned, to receive any child not a suitable subject to be received 
and instructed therein, under the laws, rules and regulations governing 
such institutions. (95 v. 620 ; 90 v. 289; 86 v. 337, § 8.) 

Sec. 4022-1 1. [Penalties ; jurisdiction ; violations by corporations ; 
disposition of fines collected; employment of attorney; compensation.] 
Any officer, principal, teacher or other person mentioned in this act, 
neglecting to perform any duty imposed upon him by this act, shall 
be fined not less than twenty-five dollars nor more than fifty dollars 
for each ofifense. Any officer or agent of any corporation violating 
any provision of this act, who participates or acquiesces in or is cog- 
nizant of such violation, shall be fined not less than twenty-five dol- 
lars nor more than fifty dollars. Any person who violates any pro- 
vision of this act for which a penalty is not elsewhere in this act 
provided, shall be fined not more than fifty dollars. Mayors, jus- 
tices of the peace, police judges, and probate judges shall have jur- 
isdiction to try the offenses described in this act, and their judgment 



120 



OHIO SCHOOL LAWS. 



Cli. 9. Schools and Attendance Enforced. 



shall be final. When complaint is made, information filed, or indict- 
ment found against any corporation for violating this act, summons 
shall be served, appearance made, or plea entered, as provided in 
section 7231, Revised Statutes of Ohio, except that in complaints be- 
fore magistrates, service shall be made by the constable. In all 
other cases process shall be served and proceedings had, as in cases 
of misdemeanor. In every case of complaint against a child involv- 
ing commitment to any children's home or juvenile reformatory, the 
board of county visitors shall be notified and must attend and protect 
the interest of the child on the hearing, as provided in section 633-18 
of the Revised Statutes of Ohio; and the order of commitment of 
the child to a state reformatory must show that the county visitors 
were so notified and attended the hearing. All fines collected under 
the provisions of this act shall be paid into the funds of the school 
district in which the offense was committed. Boards of education 
•are authorized to employ legal counsel to prosecute any case aris- 
ing under the provisions of this act when it shall deem the same 
necessary, and the services of such counsel shall be paid for from 
the contingent fund of the district. (95 v. 621; 90 v. 290; 86 v. 
338, §§ II, 12, 13; 87 V. 326, 145.) 

Sec. 4022-12. [Repeated violations.] Every person who, after 
being once convicted for violating any of the provisions of this 
act, shall be convicted of again violating any of the provisions of this 
act, may, in addition to the punishment by way of a fine elsewhere 
provided for, be imprisoned not less than ten days nor more than 
thirty days. On complaint, before a mayor, justice of the peace, or 
police judge of a second violation of this act involving punishment 
by imprisonment, if a trial by jury be not waived, a jury shall be 
chosen and the case tried, after the manner provided in section 
3718a, of the Revised Statutes of Ohio. (95 v. 622; 90 v. 290.) 

Sec. 4022-13. [Sufficient school accommodations to be provided.] 

It is hereby made the duty of every board of education in this state, 
to provide sufficient accommodations in the public schools for all child- 
ren in their district compelled to attend the public schools under the 
provisions of this act. Authority to levy the tax and raise the money 
necessary for such purpose, is hereby given the proper officers charged 
with such duty under the law. (95 v. 622; 90 v. 291.) 

Sec. 4022-14. [Costs in prosecution under this act.] No person 
or officer instituting pro eedings under this act shall be required to 
advance, or give security for costs ; and if a defendant is acquitted 
or discharged, or if convicted and committed to jail in default of 
payment of fine and costs, the justice, mayor, police judge or probate 



OHIO SCHOOL LAWS. 121 



Schools and Attendance Enforced. Ch. 9. 

judge, before whom such case was brought shall certify such costs 
to the county auditor, who shall examine and, if necessary, correct 
the account, and issue his warrant to the county treasurer in favor 
of the respective persons to whom siich costs are due for the amount 
due to each, (95 v. 622 ; 90 v. 291.) 

Sec. 4023. Repealed April 15, 1889. 

Sec. 4024. Repealed April 15, 1889. 

Sec. 4025. Repealed May 12, 1902. 

Sec. 4026. [Free school books.] That each board of education 
may furnish the necessary school books free of charge, to enable the 
parent or guardian, without expense therefor, to comply with the re- 
quirements of this chapter, the same to be paid for out of the contin- 
gent fund at the disposal of the board ; and such levy each year, in addi- 
tion if necessary to that otherwise authorized by_ law, is hereby au- 
thorized, as shall be necessary to furnish such school books free of 
charge to all the pupils attending the public schools ; but such pupils as 
are already wholly or in part supplied with necessary school books 
shall be supplied free of charge only as other or new books are needed ; 
and all school books furnished as herein provided, shall be considered 
and be the property of the district and loaned to the pupils on such 
terms and conditions as such board may prescribe. (91 v. 260; 87 v. 
317; 74 V. 57, §4-) 

Sec. 4027. Repealed May 12, 1902. 

Sec. 4028. Repealed April 15, 1889. 

Sec. 4029. Repealed May 12, 1902. 

Sec. 4029-1. [Examination for entering high school.] Each 
board of county school examiners shall hold examinations of pupils 
of township, special and joint sub-districts in the subjects of orthog- 
raphy, reading, writing, arithmetic, English grammar and composi- 
tion, geography, history of the United States including civil govern- 
ment, and physiology. 

[Number of examinations; when and where.] Two such exam- 
inations shall be held annually, one on the third Saturday in April, 
and one on the second Saturday in A-Iay, at such place or places as 
the county board of examiners may designate. 

[Preparation of questions.] The questions for all such examin- 
ations, throughout the state, shall be uniform and be prepared under 
the direction of the state commissioner of common schools, and sam- 
ple lists shall be mailed, under seal, to the clerks of the said boards 
of examiners not less than ten days before each examination. Upon 



122 OHIO SCHOOL LAWS. 

Cli. 9. Schools and Attendance Enforced. 

receipt of said lists, the said boards are authorized and required to 
have a sufficient number of copies of the same printed for use at the 
examination. Only such applicants as receive an average grade of 
seventy per cent., with no grade less than fifty per cent, in any 
branch shall be passed. 

[Township commencement.] It shall be the duty of the town- 
ship boards of education upon written notice, filed by a success- 
ful applicant, with the clerk of the board of education, to provide 
lor holding a township commencement not later than the month of 
June, at some place within the civil township, and to appoint some 
suitable person to have charge of the same. At this commencement 
each successful applicant residing in the township school distict or 
any special or joint sub-district having its schoolhouse located with- 
in the civil township of which the township district forms a part, 
shall be required to deliver an oration or declamation, or read an 
essay; thereupon said board of education shall issue a certificate to 
each successful applicant, stating that said applicant has taken part 
in said commencement. 

[County commencement; diploma.] The board of county school 
examiners shall provide for the holding of a county commencement 
not later than August fifteenth, at such place as it may determine. 
At this commencement there shall be delivered an annual address, 
at the conclusion of which a diploma shall be presented to each 
successful applicant who has complied with the provisions of this 
act; said diploma shall entitle the holder thereof to enter any high 
school in the state. (89 v. 123, §§ i, 2; 91 v. 67; 92 v. 198; 94 v. 175, 
§4029-1; 95 V. 71, 95 V. 218.) 

Sec. 4029-2. [Compensation of examiners and contingent ex- 
penses.] The compensation of county examiners shall be the same 
as that fixed in section 4075 of the Revised Statutes of Ohio for the 
examination of teachers, and each member of the said board of ex- 
aminers shall be allowed the minimum fee provided for holding ex- 
aminations for teachers as remuneration for his services incident to 
the county commencement, and such compensation and the necessary 
expenses incident to the examination and county commencement 
shall be paid out of the county treasury as provided in said section 
4^75 ; no other compensation shall be allowed county examiners lor 
holding the county commencement. The expenses incident to the town- 
ship commencement shall be paid by the township board of education 
from the contingent fund of the township district, and when the 
pupils of special districts take part in such commencements the 
boards of education of such districts shall pay, from their contingent 



OHIO SCHOOL LAWS. 123 



Schools and Attendance Enforced. Ch. 9. 

funds, to the township board of education their share of such ex- 
penses, such share to be based on the proportion of pupils, from each 
district, taking part in such commencements ; a proportional share 
for pupils from joint sub-districts, taking part in such commencements, 
shall be paid from the contingent fund of said joint sub-districts. (89 
V. 123, § 4; 91 V. 67; 92 V. 198; 95 V. 72; §4029-2; 95 V. 218.) 

Sec. 4029-3. [Tuition.] The tuition of pupils holding diplomas 
and residing in township, special, or joint sub-districts, in which 
no high school is maintained, shall be paid by the board of education 
of the district in which they have legal school residence, such tuition 
to be computed by the month and an attendance any part of the 
month shall create a liability for the entire month; but a board of 
education maintaining a high school shall charge no more tuition 
than it charges for other nonresident pupils, and no board of educa- 
tion shall be required to pay the tuition of any pupil for more than four 
school years ; provided the board of education shall be required to pay 
the tuition of all successful applicants, who have complied with the 
provisions of this act, residing more than three miles from the high 
school provided by said board, when said applicants attend a nearer 
high school. The tuition of pupils residing in joint sub-districts 
shall be paid by the boards of education, having control of such dis- 
tricts, from the contingent funds of said districts. A board of ed- 
ucation not maintaining a high school may enter into an agreement 
with one or more boards of education maintaining such school for 
the schooling of all its high school pupils and when such agreement 
is entered into the board making the same shall be exempt from the 
payment of tuition at other high schools ; provided the school or 
schools selected are located in the same civil township, or some ad- 
joining township, as that of the board making the agreement. Where 
no such agreement is entered into the school to be attended can be 
selected by the pupil holding a diploma; provided, due notice in 
writing, is given to the clerk of the board of education of the name 
of the school to be attended and the date the attendance is to begin, 
said notice to be filed not less than five days previous to said be- 
ginning of attendance. Said tuition can be paid from either the 
tuition or contingent funds, and in case the board of education deems 
it necessary it may levy a tax of not to exceed two mills on each 
dollar of taxable property in the district or joint sub-district in ex- 
cess of that allowed by section 3959 of the Revised Statutes of Ohio ; 
the proceeds of said levy shall be kept in a separate fund and ap- 
plied only to the payment of such tuition. (89 v. 123, § 3 ; 95 v. 72; 
§4029-3:95 V. 218.) 



124 OHIO SCHOOL LAWS. 



Ch. 9. Schools and Attendance Enforced. 

Sec. 4029-4. [What shall constitute a high school.] No board 
of education shall be entitled to collect tuition under this act unless 
said board shall be maintaining a regularly organized high school 
with a course of study extending over not less than two years and 
consisting mainly of branches higher than those in which the pupil 
is examined. Should the question arise as to the standing or grade 
of any particular high school, the state commissioner of common 
schools is hereby authorized to determine the grade of such school 
and his finding in the case shall be final. (95 v. J^i^, § 4029-4; 95 v. 
218.) 



OHIO SCHOOL LAWS. 



125 



Enumeration, Treasurer and Clerk. 



Ch. 10. 



CHAPTER X. 



ENUMERATION, TREASURER AND CLERK. 



Section. 

4030. Yearly enumeration of school 

youth. 

4031. Aippoirutment of enumerators; 

oath and duties. 

4032. Enumeration in districts in two 

or more counties. 

4033. Repealed. 

4034. Repealed. 

4035. Clerk to transmit abstract of 

enumeration to county auditor. 

4036. When clerk fails, auditor to act. 

4037. When county line divides original 

surveyed township. 

4038. When enumeration not taken, dis- 

trict not entitled to school 
funds. 

4039. Auditor to furnish abstract to state 

commissioner. 

4040. Duty of state commissioner when 

enumeration excessive. 

4041. Penalty for making fraudulent re- 

turns. 

4042. Treasurer of school funds. 

4043. Bond of treasurer; additional 

sureties or new bond. 



Section. 

4044. Annual settlement by treasurer 
witli county auditor. 

Penalty for failure to make such 
settlement. 

Repealed. 

When treasurer may receive or 
pay money. 

Repealed. 

Maximum amount of funds which 
treasurer may hold. 

Treasurer to deliver money, etc., 
to successor. 

Bond of clerk. 

When orders of clerk for teachers' 
pay illegal. 

Annual statistical report of board 
of education; by whom pre- 
pared. 

Publication of receipts and dis- 
bursements by clerk. 

Clerk to deliver books, etc., to suc- 
cessor. 

How treasurer and clerk to keep 
accounts. 

Compensation of treasurer and 
clerk. 



4045. 



4046. 



4047a 
4048. 



4049. 



4050 
4051, 



4052. 



4053. 



4054. 



4055. 



4056. 



ENUMERATION. 

Sec. 4030. [Yearly enumeration of school youth.] There shall be 
taken in each district, annually, during the two weeks ending on the 
fourth Saturday of May, an enumeration of all unmarried youth, not- 
ing sex, between six and twenty-one years of age, resident within 
the district, and not temporarily there, designating also the number 
between six and eight years of age, the number between eight and 
fourteen years of age, the number between fourteen and sixteen years 
of age, the number between sixteen and twenty-one years of age, and the 
number residing in the Western Reserve, the Virginia Military district, 
the United States Military district, and in any original surveyed town- 
ship or fractional township to which belongs section sixteen, or other 
land in lieu thereof, or any other lands for the use of public schools, 
or any interest in the proceeds of such lands. (93 v. 312; 87 v. 80; 
85 V. 192; Rev. Stat. 1880; 71 v.'i5, § yy.) 

Sec. 4031. [Appointment of enumerators; oath and duties.] 
The board of education of each school district, shall, on or before the 
second Saturday in May, appoint one or more persons to take the 
enumeration provided for in section forty hundred and thirty of the 
Revised Statutes of Ohio. Each person appointed to take such enu- 



126 OHIO SCHOOL LAWS. 

Ch. 10. Enumeration, Treasurer and Clerk. 

meration shall take an oath or affirmation to take the same accurately 
and truly to the best of his skill and ability. When making return 
thereof to the clerk of the board of education, he shall accompany the 
same with a list of the names of all the youth enumerated, noting the 
age of each, and with his affidavit duly certified that he has taken and 
returned the enumeration accurately and truly to the best of his knowl- 
edge and belief, and that such list contains the names of all such 
youth so enumerated and none others. The clerk of the board of edu- 
cation or any officer authorized to administer oaths, may administer 
such oath or affirmation, take and certify such affidavit, and the clerk 
shall keep in his office for the period of five years such report and the 
list of names, and each person so taking and returning the enumera- 
tion shall be allowed by the proper board of education reasonable com- 
pensation for his services. (Passed and approved April 25, 1904.) 

Sec. 4032. [Enumeration in districts in two or more counties.] 
When a school district including territory attached for school purposes, 
is situated in two or more counties, it shall be the duty of the person 
or persons taking such enumeration to report the number of youth as 
provided in section forty hundred and thirty of the Revised Statutes 
o£ Ohio, residing in each county and the clerk of the board shall make 
returns to the auditors of the respective counties in which such youth 
reside as provided in section forty hundred and thirty-five of the 
Revised Statutes of Ohio. (Passed and approved April 25, 1904.) 

Sec. 4033. Repealed 90 v. yG. 

Sec. 4034. Repealed April 25, 1904. 

Sec. 4035. [Clerk to transmit abstract of enumeration to county 
auditor.] The clerk of each board shall, annually, on or before the 
first Saturday in July make, and transmit to the county auditor, an ab- 
stract of the enumeration by this chapter required to be returned by 
him, according to the form prescribed by the commissioner of common 
schools, with an oath or affirmation endorsed thereon that it is a correct 
abstract of the returns made to him under oath or affirmation ; and 
the oath or affirmation of the clerk may be administered and certified 
by any member of the board of education, or by the county auditor. 
(Passed and approved April 25, 1904.) 

Sec. 4036. [When the clerk fails, auditor to act.] If the clerk of 
any district fail to transmit such abstract of enumeration on or before 
the first Saturday in July, the auditor shall at once demand the same 
from such clerk ; and in case the enumeration has not been taken as re- 
quired by this chapter, or the abstract required be not furnished with- 
out delay, the auditor shall employ competent persons to take such 



OHIO SCHOOL LAWS. 127 



Enumeration, Treasurer and Clerk. Ch. 10. 

enumeration, who shall be subject to the legal requirements already 
specified, except that the return shall be made directly to the auditor, 
who may administer to each person employed the oath or affirmation 
required; and the auditor shall allow the person employed by him, a 
reasonable compensation, to be paid out of the general county fund, and 
shall proceed to recover the amount so paid in civil action before any 
court having competent jurisdiction, in the name of the state, against 
such clerk on his bond, and the amount so collected shall be paid into 
the school funds of the district. (Passed and approved April 25, 1904.) 
Sec. 4037. [When county line divides original surveyed township.] 
If parts of an original surveyed township or fractional township are 
situate in two counties, the auditor of the county in which the smallest 
part is situate shall, so soon as the abstracts of enumeration are received 
by him from the clerks of the boards of education, certify to the audi- 
tor of the county in which the largest part is situate the enumeration 
of youth residing in the part of the township situate in his county ; if 
parts of such township or fractional township are situate in more than 
two counties, like certificates of enumeration shall be transmitted to the 
auditor of the county containing the greatest relative portion of such 
township, by the auditors of the other counties containing portions 
thereof ; when it is uncertain which county contains the greatest rela- 
tive portion of such township, such certificates shall be transmitted to 
the auditor of the oldest county, by the other auditor or auditors ; and 
if the land granted by congress to such township or fractional township 
for the support of public schools has been sold, the auditor to whom 
such certificates are transmitted shall notify the auditor of state, with- 
out delay, that such enumeration has been certified to him. (70 v. 195, 
§§ 121, 130.) 

Sec. 4038. [When enumeration not taken, district not entitled to 
school funds.] If an enumeration of the youth of a district be not 
taken and returned in any year, such district shall not be entitled to re- 
ceive any portion of the school funds distributable in that year on the 
basis of enumeration ; and if such loss to a district occur through the 
failure of the clerk of the board of education of a district to perform 
the duty required of him under section forty hundred and thirty-Uve 
of the Revised Statutes of Ohio, he shall be liable to the district for the 
loss, which may be recovered in an action in the name of the state ; 
and the money so recovered shall be paid into the county treasury, and 
apportioned in the same manner as the school funds so lost would have 
been apportioned. (Passed and approved April 25, 1904.) 

Sec. 4039. [Auditor to furnish abstract to state commissioner.] 
The auditor of each county shall make and transmit to the state com- 



128 OHIO SCHOOL LAWS. 



Ch. 10. Enumeration, Treasurer and Clerk. 

missioner of common schools, on or before the third Saturday in July 
in each year, on blanks to be furnished by the commissioner, an ab- 
stract of the enumeration returns made to him, duly certified. (Passed 
and approved April 25, 1904.) 

Sec. 4040. [Duty of state commissioner when enumeration exces- 
sive, etc.] When the state commissioner of common schools on exam- 
ination of the enumeration returns of any district, is of opinion that the 
enumeration is excessive in number, or in any other way incorrect,he 
may require the same to be retaken and returned, and if he think it 
necessary he may for this purpose appoint persons to perform the ser- 
vice, who shall take the same oath, perform the same duties, and re- 
ceive the same compensation, out of the same funds, as the person or 
persons who took the enumeration in the first instance, and the school 
fund distributable in proportion to enumeration shall be distributed 
upon the corrected returns. (70 v. 195, § 75.) 

Sec. 4041. [Penalty for making fraudulent returns.] An officer 
through whose hands the enumeration required by this chapter to be 
returned passes, who, by percentage or otherwise, adds to or takes from 
the number actually enumerated, shall be deemed guilty of a misde- 
meanor, and, upon conviction of such ofifense, shall be fined in any sum 
not less than five nor more than one thousand dollars, or imprisoned in 
the county jail not less than ten nor more than thirty days, at the dis- 
cretion of the court. (70 v. 175, § 75.) 

TREASURER AND CLERK. 

Sec. 4042. [Treasurer of school funds.] In each city, village and 
township school district, the treasurer of the city, village and township 
funds, shall be respectively the treasurer of the school funds ; in each 
special district the board of education shall choose its own treasurer, 
whose term of office shall be for one year beginning on the first day of 
September. (Passed and approved April 25, 1904.) 

Sec. 4043. [Bond of treasurer; additional sureties or new bond.] 
Each school district treasurer shall, before entering upon the duties of 
his office, execute a bond, with sufficient sureties, in an amount at 
least equal to the amount of school funds that may come into his hands, 
payable to the state of Ohio, to be approved by the board of education, 
conditioned for the faithful disbursement, according to law, of all funds 
which come into his hands ; and he may at any time thereafter be re- 
quired to give additional sureties on his accepted bond, or to excute 
a new bond with sufficient sureties to the approval of the board of edu- 
cation whenever the said board of education deem it necessary, and if 



OHIO SCHOOL LAWS. 129 



Enumeration, Treasurer and Clerk. Ch. 10. 

said treasurer shall fail for ten clays after service of notice in writing 
of such requisition, to give bond or additional sureties as aforesaid as 
required by said board, the office shall be considered and declared va- 
cant and shall be filed [filled] as in other cases. Every bond when so 
executed and approved shall be filed with the clerk of the board of ed- 
ucation of the district, and recorded, who shall cause a certified copy 
thereof or the names of additional sureties, to be filed with the county 
auditor without delay, and such board at the time of the approval of 
any bond or sureties, shall require the treasurer of the school funds to 
produce all money, bonds or other securities in his hands as such treas- 
urer, and the same shall be then counted by the board or a committee 
thereof, in the presence of the clerk of the board, who shall thereupon 
enter upon the records of the board, a certificate, setting forth the exact 
amount of money or securities so found in the hands of such treasurer, 
which record shall be signed by the president and clerk of the board 
and shall be prima facie evidence that the amount therein stated was 
actually in the treasury at that date. (Passed and approved April 
25, 1904.) 

Sec. 4044. [Annual settlement by treasurer with county auditor.] 
The treasurer shall, annually, within the first ten days of September, 
settle with the county auditor for the preceding school year, and for 
that purpose shall make a certified statement showing the amount of 
money received, from whom, and on what account, and the amount 
paid out, and for what purpose ; he shall produce vouchers for all pay- 
ments made ; if the auditor, on examination, find the statement and 
vouchers to be correct, he shall give the treasurer a certificate of the 
fact, which shall, prima facie, be a discharge of the treasurer for the 
money paid ; and for making such settlement he shall be entitled to re- 
ceive the sum of one dollar, and also five cents per mile for traveling 
to and from the county seat, to be paid out of the county treasury, 
on the order of the county auditor. When the treasurer's term be- 
gins on the first day of September the annual settlement shall be made 
by the outgoing treasurer. (92 v. 58; 85 v. 192, 194; Rev. Stat. 1880; 
71 V. 9, § 47-) 

Sec. 4045. [Penalty for failure to make such settlement.] If the 
treasurer of any school district willfully or negligently fail to make 
such annual settlement within the time prescribed in the preced- 
ing section, he shall be liable to pay a fine of fifty dollars, to be recov- 
ered in a civil action in the name of the state ; which amount, when 
collected, shall be paid into the county treasury, and shall be applied 
to the use of common schools in his district ; and the county auditor 
shall proceed forthwith, in case of such failure, to recover the penalty, 

9— s. L. 



130 OHIO SCHOOL LAWS. 



Ch. 10. Enumeration, Treasurer and Clerk. 

by suit against such treasurer, before any justice of the peace of his 
county. (71 V. 9, § 47.) 

Sec. 4046. Repealed April 11, 1888. 

Sec. 4047. [When treasurer may receive or pay money.] No 
treasurer of a school district shall pay out any school money except 
on an order signed by the president and countersigned by the clerk of 
the board of education ; and no money shall be paid to the treasurer of 
a district, other than that received from the county treasurer, except 
upon the order of the clerk of the board, who shall report the amount of 
such miscellaneous receipts to the county auditor each year, im- 
mediately preceding such treasurer's settlement with the auditor. 
(Passed and approved April 25, 1904.) 

Sec. 4047a. Repealed April 25, 1904. 

Sec. 4048. [Maximum amount of funds which treasurer may hold.] 
The clerk of a board of education or the county auditor shall pay no 
money into the hands of the treasurer of a school district in excess of 
the amount of his bond and should said clerk or auditor violate this 
provision, he and his bondsmen shall be liable for any loss occasioned 
thereby ; and before giving said treasurer any warrant or order for any 
school funds the auditor may require the treasurer to file with him a 
statement showing the amount of such funds in his possession, signed 
by the clerk of the board of education. (Passed and approved April 
25, 1904.) 

Sec. 4049. [Treasurer to deliver money, etc., to successor.] At 
the expiration of his term of service each treasurer shall deliver to his 
successor in office all books, papers, money, and other property in his 
hands belonging to the district, and take duplicate receipts of his 
successor therefor, one of which he shall deposit with the clerk of the 
board of education within three days thereafter. (1888, April 11 ; 85 v. 
192, 194; Rev. Stat. 1880; 71 v. 9, § 47.) 

Sec. 4050. [Bond of clerk.] The clerk of each board of education 
shall execute a bond, in an amount and with surety to be approved by 
the board, payable to the state of Ohio, conditioned that he shall 
perform faithfully all the official duties required of him ; which bond 
shall be deposited with the president of the board, and a copy thereof, 
certified by the president of the board, shall be filed with the county 
auditor. (70 v. 195, § 45.) 

Sec. 4051. [When orders of clerk for teachers' pay illegal.] It 
shall be unlawful for the clerk of a board to draw an order on the treas- 
urer for the payment of a teacher for services until the teacher files 
with him such reports as are required by the state commissioner of 



OHIO SCHOOL LAWS. 131 



Enumeration, Treasurer and Clerk. Ch. 10. 

common schools and the board of education, a legal certificate of 
qualification, or a true copy thereof, covering the entire time of the 
service, and a statement of the branches taught; but orders may be 
drawn for the payment of special teachers of drawing, painting, pen- 
manship, music, gymnastics, or a foreign language, on presentation 
of a certificate to the clerk, signed by a majority of the examiners, 
and the filing with him of a true copy thereof, covering the time for 
which a special teacher has been employed, and the specialty taught. 
(70 V. 195, §>§ 53. 94-) 

Sec. 4052. [Annual statistical report of the board of education ; by 
whom prepared.] The clerk of each board shall prepare the annual 
report of the receipts and expenditures of school money, and the statis- 
tical statement in reference to the schools, required of the board by 
section forty hundred and Hfty-scven of the Revised Statutes of Ohio, 
and transmit the same to the county auditor on or before the first day 
of September; provided, that in each school district having a superin- 
tendent of schools, the annual report, except the receipts and expendi- 
tures of money, shall be made by the superintendent. (Passed and 
approved April 25, 1904.) 

Sec. 4053. [Publication of receipts and disbursements by clerk.] 
The board of education of each district, except city districts, shall 
require the clerk of the board annually, ten days prior to the election 
for members of the board of education, to prepare and post at the place 
or places of holding such elections, or publish in some newspaper of 
general circulation in the district, an itemized statement of all money 
received and disbursed by the treasurer of the board within the school 
year last preceding. (Passed and approved April 25, 1904.) 

Sec. 4054. [Clerk to deliver books, etc., to successor.] Each 
clerk shall, at the expiration of his term of office, deliver to his suc- 
cessor all books and papers in his hands relating to the affairs of 
his district, including certificates, and copies thereof, and reports of 
school statistics, filed by teachers. (70 v. 195, § 84.) 

Sec. 4055. [How treasurer and clerk to keep accounts.] The 
auditor of each county shall furnish to the clerk and treasurer of each 
school district in his county a suitable blank book, made according to 
the form prescribed by the bureau of inspection and supervision of 
public offices, in which each shall keep an account of the school funds 
of his district ; the clerk's account shall show the amounts certified by 
the county auditor to be due the district, all sums paid to the treasurer 
from other sources on his order, and all orders drawn by him on the 
treasurer, and upon what funds and for what purposes drawn ; the 
treasurer's accounts shall show the amounts received from the county 



132 OHIO SCHOOL LAWS. 



Ch. 10. Enumeration, Treasurer and Clerk. 

treasurer, all sums received from other sources on the order of the 
clerk, and the amounts paid out, and from what funds and for what 
purposes paid ; and a separate account of each fund shall be kept, and 
each account shall be balanced at the close of the school year, and 
the balance in the treasurer's hands belonging to each fund shown. 
(Passed and approved April 25, 1904.) 

Sec. 4056. [Compensation of treasurer and clerk,] The board 
of education of each school district shall fix the compensation of its 
clerk and treasurer, which shall be paid from the contingent fund of 
the district; if the clerk and treasurer are paid annually the order for 
the payment of their salaries shall not be drawn until said clerk and 
treasurer shall present to the board of education a certificate from the 
county auditor stating that all reports required by law have been 
filed in his office ; if the clerk and treasurer are paid semi-annually, 
cjuarterly, or monthly, the last payment on their salaries previous to 
August 31, shall not be made until all reports required by law have 
been filed with the county auditor and his certificate presented to the 
board of education as required herein. (Passed and approved April 
25, 1904.) 



OHIO SCHOOL LAWS. 138 



Reports. Ch. 11. 



CHAPTER XL 



REPORTS. 



Section. 

4057. Annual report by board of education; 

its contents. 

4058. In wliat form to be made, etc. 

4059. Reports by superintendents and 

teachers. 

4060. Duties of county auditor as to 

school statistics, etc. 



Section. 

4061. Penalties against auditor and clerk. 

4062. When auditor to appoint person to 

make report. 

4063. Further penalties against auditor. 
4004. Compensation of auditor. 



Sec, 4057. [Annual report of board of education; its contents.] 
The board of education of each district shall make a report to the 
county auditor, on or before the first day of September in each 
year, containing a statement of the receipts and expenditures of 
the board, the numl^er of schools sustained, the length of time 
such schools were sustained, the enrollment of pupils, the average 
monthly enrollment, and average daily attendance, the number of 
teachers employed, and their salaries, the number of school houses 
and school rooms, and such other items as the commissioner of 
common schools may require. (1888, April 11; 85 v. 192, 195; Rev. 
Stat. 1880; 70 V. 195, § 75; S. & C. 1353.) 

Sec. 4058. [In what form to be made, etc.] The report shall be 
made on blanks which shall be furnished by the commissioner of com- 
mon schools to the auditor of each county, and by the auditor to each 
school clerk in his county ; and each board of education, or officer or 
employe thereof, or other school officer in any district or county, 
shall, whenever the commissioner so requires, report to him direct, 
upon such blanks as he shall furnish, any statements or items of in- 
formation that he may deem important or necessary. (70 v. 195, § 75.) 

Sec. 4059. [Reports by superintendents and teachers.] Boards 
of education shall require all teachers and superintendents to keep 
the school records in such manner that they may be enabled to report 
annually to the county auditor and state commissioner of common 
schools, as required by the provisions of this title and shall withhold 
the pay of such teachers and superintendents as fail to file the reports 
required of them ; the records of each school shall, in addition to all 
other requirements, be so kept as to exhibit the names of all pupils 
enrolled therein, the studies pursued, shall indicate the character 
of the work done, the standing of each pupil, and shall be as near 
uniform throughout the state as may be practicable ; said boards 
may require superintendents and teachers to report such matters as 



134 OHIO SCHOOL LAWS. 



Ch. 11. " Reports. 



they deem important or necessary for information in regard to the 
management and conduct of the schools and to make such suggestions 
and recommendations as they may deem advisable relative to methods 
of instruction, school management, or other matters of educational 
interest ; and the board of education of each city district shall pre- 
pare and publish annually a report of the condition and adminis- 
tration of the schools under its charge, and include therein a complete 
exhibit of the financial afifairs of the district. (Passed and approved 
April 25, 1904.) 

Sec. 4060. [Duties of county auditor as to school statistics, etc.] 
The auditor of each county shall, on or before the twentieth day of Sep- 
tember, annually, prepare, and transmit to the commissioner of 
common schools an abstract of all the returns of school statistics made 
to him from the several districts in his county, according to the form 
prescribed by the commissioner, and a statement of the condition of 
the institute fund, and such other facts relating to schools and school 
funds as the commissioner may require ; he shall also cause to be dis- 
tributed all such circulars, blanks and other papers, including school 
laws and documents, in the several school districts in the county, 
as the commissioner may lawfully require ; and if the auditor neglect 
to prepare and return any of the abstracts or reports herein required 
the county commissioners shall withhold from him all compensation 
for his services under this title. (1888, April 11 ; 85 v. 192, 195; Rev. 
Stat. 1880; 70 V. 195, § 123; S. & S. 705.) 

Sec. 4061. [Penalties against auditor and clerk.] The auditor 
shall also be liable on his bond for any such neglect, in a sum 
not less than three hundred nor more than one thousand dollars, 
on complaint of the commissioner of common schools; and if the 
clerk of the board of education of any district fail to make the 
annual returns of school statistics required by this title, to the 
county auditor, he shall be liable on his bond in a sum not less 
than fifty nor more than three hundred dollars, on complaint of 
the county auditor, or of the board of education, to be recovered in a 
civil action in the name of the state, and when collected to be paid 
into the county treasury, and applied to the use of common schools 
in such district. (70 v. 195, § 123 ; S. & S. 706.) 

Sec. 4062. [When auditor to appoint person to make report.] 
Upon the neglect or failure of the clerk of the board of education 
of any district to make the reports required in this title, and by 
the time specified, the county auditor shall appoint some suitable 
person, resident of the district, to make such reports, who shall 



OHIO SCHOOL LAWS. 135 



Reports. Ch. 11. 



receive the same compensation therefor, and in the same manner, 
as is allowed by law for like services. (70 v. 195, § 123; S. & S. 706.) 

Sec. 4063. [Further penalties against auditor,] A county au- 
ditor who willfully or negligently fails, in any year, to transmit to 
the commissioner of common schools the abstract of enumeration 
required by section forty hundred and thirty-nine, or to perform any 
other duty required of him under this title, shall be liable on his bond 
to the extent of twice the sum lost to the school districts of 
his county in consequence of such failure, which sum shall be re- 
covered in a civil action against him, on his bond, in the name of 
the state, before any court of competent jurisdiction ; and the money 
so recovered shall be paid into the county treasury, for the benefit 
of such districts, and apportioned in the same manner as the school 
funds so lost would have been apportioned. (70 v. 195, §§ 81, 124.) 

Sec. 4064. [Compensation of auditor.] The commissioners of 
each county shall allow the county auditor, annually, a reasonable 
compensation for his services under this title, not to exceed five dollars 
for each city, village, special, and township school district in his county 
to be paid out of the county treasury ; but before such allowance shall 
be made for any year the auditor shall present to the commissioners a 
statement, officially certified and signed by the commissioner of com- 
mon schools, that he has transmitted to the commissioner all reports 
and returns of statistics for that year required by this title. (70 v. 
195. § 125.) 



136 



OHIO SCHOOL LAWS. 



Ch. 12. 



Boards of Examiners. 



CHAPTER XII. 



BOARDS OF EXAMINERS. 



Section. 

4065. State board; their appointment; 
terms; vacancies. 

Power to issue three grades of life 
certificates; record thereof. 

Effect thereof ; may be revoked for 
cause. 

Examination fees, their disposition; 
compensation of members; sta- 
tionery. 

County boards; appointment, term, 
and vacancies; removals; notice 
of appointments; disqualifica- 
tions. 

Orgunization of county boards of 
examiners; reports of clerk; 
compensation of clerk. 

Meeting's for examinations; major- 
ity's power; examination fee. 

Uniform system of examinations; 
preparation and distribution of 
examination questions. 

Disposition of fees. 

Granting renewal and revocation of 
certificates; age limit; hearing 
on revocation of certificates; ex- 
penses. 

Certificp,tes of different graded; 
prerequisites to employment; 
branches of study; value of life 
certificates. 



4066. 
4067. 



4068. 



4069. 



4070. 



4071. 



4071O. 



4072. 
4073. 



4«74. 



Section. 

4075. Compensation and expenses of 

board. 

4076. Annual report of clerk, and his 

bond. 

4077. Boards of examiners in city dis- 

tricts; appointment and removal; 
filling of vacancies; village boards 
of examiners abolished. 

4078. Standard of qualifications for 

teachers; examination of schools; 
law governing board in examin- 
ing teachers; special examiners; 
their oath; duty of school super- 
intendents. 

4079. Organization of board; bond of 

clerk. 

4080. Meetings for examinations; notice. 

4081. Granting, renewal and revocation 

of certificates; age limit; hear- 
ing on revocation of certificate. 

4082. Nature of certificates to be 

granted; branches of study. 

4083. Compensation of examiners; inci- 

dental expenses. 

4084. Records and reports; duties of the 

clerk; disposition of fees. 

4085. Applicants who fail may appeal to 

the state commissioner of com- 
mon schools; method of proced- 
ure. 



STATE BOARD OF EXAMINERS. 



Sec. 4065. [State board; appointment; term; vacancies.] There 
shall be a state board of examiners, which shall consist of five compe- 
tent persons, resident of the state, to be appointed by the state com- 
missioner of common schools ; not more than three of whom shall be- 
long to the same political party. The term of office of such exam- 
iners shall be five years; the term of one of the examiners shall 
expire on the 31st day of August, each year, [and when one of 
which shall expire on the 31st of August every year,] and when 
a vacancy occurs in the board, whether from expiration of the term 
of office, refusal to serve, or other cause, the commissioner shall 
fill the same by appointment for the full or unexpired term, as the 
case demands. (1888, April 16; 85 v. 330; 81 v. 95; Rev. Stat., 
1880; 70 V. 195, §85; S. & S., 709.) 

Sec. 4066. [Power to issue three grades of life certificates; re- 
cord thereof.] The board thus constituted may issue three grades 
of life certificates to such as are found to possess the requisite schol- 
arship, and who exhibit satisfactory evidence of good moral char- 



OHIO SCHOOL LAWS. 137 



Boards of Examinei's. Ch. 12. 



acter and of professional experience and ability ; the certificates shall 
be for different grades of schools according to branches taucht, 
and shall be valid in the schools specified therein. The clerk of the 
board shall keep a record of the proceedings, showing the number, 
date and grade of each certificate, to whom granted, and for what 
branches of study, and shall report such statistics to the commis- 
sioner, annually, on or before the 31st day of August. (1888, April 
16; 85 V. 330; 78 V. 39; Rev. Stat., 1880; 70 v. 195, § 86; S. & S., 709.) 

Sec. 4067. [Effect thereof; may be revoked for cause.] All cer- 
tificates issued by such board shall be countersigned by the com- 
missioner of common schools ; and such certificates shall supersede 
the necessity of any and all other examinations of the persons 
holding them, by any board of examiners, and shall be valid in any 
school district in the state, unless revoked by the state board for 
good cause. (70 v. 195, § 87 ; S. & S., 709.) 

Sec. 4068. [Examination fees; their disposition; compensation 
of members; stationery.] Each applicant for a certificate shall pay 
to the board of examiners a fee of five dollars ; and the clerk of the 
board shall pay to the state treasurer, all fees received, and file 
with the state auditor a written statement of the amount. Each 
member of the board shall be entitled to receive five dollars for 
each day he is necessarily engaged in official service, and also six 
cents per mile each way for traveling from and to his place of res- 
idence, by the most direct route of public travel to and from the 
places of meetings of the board, to be paid out of the state treasury 
on the order of the state auditor; all books, blanks and stationery 
required by the board shall be furnished by the secretary of state. 
(1888, April 16; 85 V. 330; 82 V. 100; Rev. Stat., 1880; 70 v. 195, 
§88;S. &S., 709.) 

COUNTY EXAMINERS. 

Sec. 4069. [County boards; appointment, term, and vacancies; 
removals; notice of appointment; disqualifications.] There shall be 
a county board of school examiners for each county, which shall 
consist of three competent persons to be appointed by the probate 
judge. Two of such persons shall have had at least two years' 
experience as teachers or superintendents, and shall have been with- 
in five years, actual teachers in the public schools. Each person so 
appointed shall be a legal resident of the county for which he 
is appointed, and, should he remove from the county during his 
term, his office shall be thereby vacated and his successor be ap- 
pointed. No examiner shall teach in, be connected with, or be 
financially interested in any school which is not supported wholly 



138 



OHIO SCHOOL LAWS. 



Ch. 12. Boards of Examiners. 



or in part by the state, or be employed as an instructor in any 
teachers' institute in his own county ; nor shall any person be ap- 
pointed to the position, or exercise the office of examiner who is 
agent of or is financially interested in any book publishing or book- 
selling firm, company or business, or in any educational journal or 
magazine. If an examiner' becomes connected with or interested 
in any school not under state control, or is employed in any such 
institute in his own county, or becomes an agent of or interested 
in any book company or journal, or fails to hold the necessary 
teacher's certificate, or removes from the county, the probate 
judge shall forthwith, upon being apprised of such fact, remove such 
examiner and appoint his successor. The term of office of such ex- 
aminer shall be three years. The term of one of the examiners 
shall expire on the thirty-first day of August, each year; but the 
probate judge shall revoke the appointment of any examiner, upon 
satisfactory proof that he is inefficient, intemperate, negligent, guilty 
of immoral conduct, or that he is using his office for personal or 
private gain. When a vacancy occurs in the board, whether from 
expiration of the term of office, refusal to serve, or other cause, the 
probate judge shall promptly fill the same by appointment for the 
full or unexpired term, and said judge shall, within ten days, report the 
same to the state commissioner of common schools, together with the 
names of the other members of the board and the date of the expiration 
of their several terms of office. The members of county boards of ex- 
aminers, as now constituted, shall serve for the full term for which 
they were appointed unless removed for cause as provided for in 
section forty hundred and sixty-nine as it existed previous to this 
enactment. (Passed and approved April 25, 1904.) 

Sec. 4070. [Organization of county boards of examiners; re- 
ports of clerk; compensation of clerk.] The board of county school 
examiners shall annually in the month of September organize by 
choosing from its members a president, a vice-president, and a clerk ; 
the president shall preside at all the meetings of the board, and 
in his absence the vice-president shall preside ; the clerk shall keep 
a full and accurate record of the proceedings of the board, showing 
the number and date and character of each certificate issued, and to 
whom, for what term, and for what branches of study, and such 
other statistics relating to the examination and the proceedings of 
the board as the state commissioner of common schools may require, 
and in the form and manner he may require, and shall make a report 
of all such items annually on or before the first day of September; 
the clerk shall receive for his services as clerk four dollars for each 
examination of sixty applicants or less, six dollars for each examin- 



OHIO SCHOOL LAWS. 139 



Boards of Examiners. Ch. 12. 



ation of more than sixty applicants and less than one hundred, eight 
dollars for each examination of one hundred applicants or more, to 
be paid out of the county treasury on the order of the county auditor, 
but no order shall be drawn for the month of August until the clerk 
produce a receipt from the state commissioner of common schools 
that he has filed all the reports for the year required by said com- 
missioner. The board shall make all needful rules and regulations 
for the proper discharge of its duties and the conduct of its work, 
subject to statutory provisions and the approval of the state com- 
missioner of common schools. (Passed and approved April 25, 1904.) 

Sec. 4071. [Meetings for examinations; majority's power; ex- 
amination fee.] Each board shall hold public meetings for the ex- 
amination of applicants for county teachers' certificates on the first 
Saturday of every month of the year, unless Saturday should fall 
on a legal holiday, in which case, said examination shall be held on 
the succeeding Saturday, at such place or places, within the county 
as will, in the opinion of the board, best accommodate the greatest 
number of applicants, notice of which shall be published in two weekly 
newspapers of dift'erent politics printed in the county, if there are 
two papers thus published, if not, then a publication in one only is 
required. In no case shall the board hold any private examination 
or ante-date any certificate. A majority of the board may examine 
applicants and grant certificates ; and as a condition of any applicant 
being admitted to take the examination, each such applicant shall 
pay to the board for the use of the county institute a fee of fifty 
cents. (Passed and approved April 25, 1904.) 

Sec. 4071(7. [Uniform system of examinations; preparation and 
distribution of examination questions.] After the first day of Sep- 
tember, 1904, the questions for all county teachers' examinations, 
throughout the state, shall be prepared under the direction of the 
state commissioner of common schools, and sample lists shall be mailed, 
under seal, to the clerks of the said boards of examiners not less than 
ten days before each examination. Upon the receipt of said lists, the 
boards are authorized and required to have a sufficient number of 
copies of the same printed for use in the examination. Any person 
connected with the preparation, printing, distribution, or handling of 
said questions, who shall, prior to the examination in each branch 
of study, make the same public in any manner or give information 
in regard to the nature or character of the questions to any applicant 
for a certificate or other person, shall be guilty of a misdemeanor and 
upon conviction thereof shall be fined in a sum not less than fift)'' 
dollars nor more than one hundred dollars. (Passed and approved 
April 25, 1904.) 



140 OHIO SCHOOL LAWS. 



Ch. 12. Boards of Examiners. 



Sec. 4072. [Disposition of fees.] The clerk of the board of 
county school examiners shall promptly collect all fees from applicants 
at each examination and pay the same into the county treasury quar- 
terly, and he shall file with the county auditor a written statement 
of the amount, and the number of applicants, male and female, ex- 
amined during the quarter ; and all such money thus received shall 
be set apart by the auditor for the support of county teachers' in- 
stitutes, to be applied as provided for in chapter thirteen of this 
title. (Passed and approved April 25, 1904.) 

Sec. 4073. [Granting renew^al and revocation of certificates; 
age limit; hearing on revocation of certificate; expenses.] The 
county board of school examiners may grant teachers' certificates 
for one, two, three, five, and eight years from the day of the examina- 
tion ; and said certificates shall be valid in all village, township, and 
special school districts of the county wherein they are issued, but in 
all school districts situated in two or more counties teachers' 
certificates obtained in either county shall be valid in such districts. 
All teachers' certificates granted for one, two or three years shall 
be regarded as provisional certificates and shall be issued only in 
compliance with such reasonable regulations and standards and upon 
such ratios as the board may adopt, but no such certificate shall be 
renewed except upon examination ; provided, that when any teacher 
holding a two year certificate and having for the last five years pre- 
ceding been continuously engaged in teaching in the same county, 
said teacher shall be entitled to have his or her certificate renewed 
by passing an examination in theory and practice; all certificates 
granted for five years, or eight years, shall be regarded as profes- 
sional certificates and shall be renewable without examination at 
the discretion of the examining board, if for three years preceding the 
date of the application the holders thereof shall have been engaged 
in teaching, not less than twelve months of such time being spent 
in the same district and the board of examiners being satisfied as 
to the moral character and the professional attainments of the holders 
thereof. No certificate shall be issued to any person who is less 
than eighteen 3^ears of age ; and if at any time the recipient of a 
certificate be found intemperate, immoral, incompetent, or negligent, 
the examiners, or any two of them, may revoke the certificate ; but 
such revocation shall not prevent a teacher from receiving pay for 
services previously rendered ; but before any hearing is had by a 
board of examiners on the question of the revocation of a teacher's 
certificate, the charges against the teacher shall be reduced to writing 
and placed upon the records of the board, and the teacher shall be 
notified in writing as to the nature of the charges and the time set 



\ 

OHIO SCHOOL LAWS. 141 



Boards of Examiners. Ch. 12. 



for the hearing, such notice to be served personally or at his resi- 
dence, and the teacher snail be entitled to produce witnesses and de- 
fend himself ; the examining board shall have power to send for wit- 
nesses and examine them on oath or atlirination touching the matter 
under investigation, and said oath or athrmation may be administered 
by any member of the board of examiners, 'ihe lees and the per 
diem of examiners for conducting such investigation at three dollars 
a day each and other expenses of such trial shall be certihed to the 
county auditor by the clerk and president of the examining board, and 
be paid out of the county treasury upon the order of the auditor. 
(Passed and approved April 25, 1904.) 

Sec. 4074. [Certificates of diiferent grades; prerequisites to em- 
ployment; branches of s*udy ; value of certain life certificates.] From 
and after the hrst day of September, 1904, three kinds of teachers' 
certificates only shall be issued by county boards of school examiners ; 
said kinds of teachers' certificates shall be styled respectively "Teach- 
er's Elementary School Certificate," which shall be valid for all 
branches of study in schools below high school rank, "Teacher's 
High School Certificate," which shall be valid for all branches of 
study in recognized high scliools and for superintendents, and "Teach- 
er's Special Certificate," which shall be valid in schools of all grades, 
but only for the branch or branches of study named therein. From 
and after the first- day of September, 1905, no person shall be em- 
ployed or enter upon the performance of his duties as a teacher in 
any elementary school supported wholly or in part by the state in 
any village, township, or special school district who has not ob- 
tained from a board of school examiners having competent juris- 
diction a certificate of good moral character and that he or she is 
qualified to teach orthography, reading, writing, arithmetic, English 
grammar and composition, geography, history of the United States, 
including civil government, physiology including narcotics, literature, 
and that he or she possesses an adequate knowledge of the theory 
and practice of teaching ; and no person shall be employed or enter 
upon the performance of his duties as a teacher in any recognized 
high school supported wholly or in part by the state in any village, 
township, or special school district, or act as superintendent of school 
in such district, who has not obtained from a board of examiners 
having competent jurisdiction a certificate of good moral character 
and that he or she is qualified to teach literature, general history, 
algebra, physics, physiology including narcotics, and, in addition 
thereto, four branches elected from the following branches of study : 
Latin, German, rhetoric, civil government, geometry, physical geog- 
raphy, botany, and chemistry ; and that he or she possesses an ade- 



142 OHIO SCHOOL LAWS. 



Ch. 12. Boards of Examiners. 



quate knowledge of the theory and practice of teaching; and no 
person shall be employed and enter upon the performance of his 
duties as a special teacher of music, drawing, painting, penmanship, 
gymnastics, German, French, the commercial and industrial branches, 
or any one of them, in any elementary or high school supported wholly 
or in part by the state in any village, township or special school dis- 
trict, who has not obtained from the board of examiners having com- 
petent jurisdiction a certificate of good moral character and that he 
or she is qualified to teach the special branch or branches of study, 
and in addition thereto, that he or she possesses an adequate knowl- 
edge of the theory and practice of teaching; provided, that county 
boards of school examiners are authorized to recognize or renew, at 
their discretion, in the appropriate kind and for the same length of 
time any certificate or certificates, held by teachers who may apply 
for such recognition or renewal prior to the first day of September, 
1905, and provided, further, that no person holding a common school 
life certificate issued by the board of state examiners shall be required 
to hold any other certificate to teach in the elementary schools of 
the state, nor shall any holder of said common school life certificate 
be required by any board to be examined in any of the branches 
covered by said certificate in order to be granted the teachers' high 
school certificate authorized herein, (Passed and approved April 
25, 1904.) 

Sec. 4075. [Compensation and expenses of board.] Each mem- 
ber of the county board of school examiners shall be entitled to 
receive ten dollars for each examination of sixty applicants or less, 
fourteen dollars for each examination of more than sixty applicants 
and less than one hundred, eighteen dollars for each examination 
of one hundred applicants or more, to be paid out of the county treas- 
ury on the order of the county auditor ; all books, blanks and station- 
ery required by the board shall be furnished by the county auditor; 
the board may contract for the use of suitable rooms in which to 
conduct examinations, for the printing of examination questions, 
may procure fuel and light, and employ janitors, to take charge of 
the rooms and keep them in order, and the expenses so incurred, 
together with the cost of advertising required by section forty hun- 
dred and seventy-one, shall be paid out of the county treasury on 
orders of the county auditor, who shall issue such orders upon the 
certificate of the president of the board, countersigned by the clerk. 
(Passed and approved April 25, 1904.) 

Sec. 4076. [Annual report of clerk and his bond.] The clerk 
of the board shall prepare, and forward to the state commissioner 



OHIO SCHOOL LAWS. 143 



Boards of Examiners. Ch. 12. 



of common schools, on or before the first day of September in each 
year, a statement of the number of examinations held by the board, 
the number of applicants examined, the total number of certificates 
granted, and the number for each term mentioned in section forty 
hundred and seventy-three, the amount of fees received and paid to 
the county treasurer, the amount received from the county treasury 
by the members of the board for their services, and such other statis- 
tics and information in relation to the duties of the board as said 
commissioner may require ; and he shall deposit with the county 
auditor a bond, with surety to be approved by the auditor, in the sum 
of three hundred 'dollars, that he will pay into the county treasury, 
quarterly, the examination fees received by the board, and make the 
statistical returns required by this chapter. (Passed and approved 
April 25, 1904.) 

CITY EXAMINERS. 

Sec. 4077. [Boards of examiners in city districts; appointment 
and removal; filling of vacancy; village boards of examiners 
abolished.] There shall be a city board of school examiners for each 
city school district, to be appointed by the board of education of the 
district; such board shall consist of three persons, and the majority 
of the persons appointed shall have had at least two years' practical ex- 
perience in teaching in the public schools and all persons appointed 
shall be otherwise competent for the position and residents of the 
district for which they are appointed ; the term of office of such ex- 
aminers shall be three years ; the term of one-third of the examiners 
shall expire on the thirty-first day of August each year ; but the board 
of education may revoke any appointment upon satisfactory proof 
that the appointee is inefificient, intemperate, negligent, or guilty of 
immoral conduct; when a vacancy occurs in the board, whether from 
expiration of term of office, refusal to serve, or other cause, the board 
of education shall fill the same by appointment for the full or un- 
expired term, as the case demands ; and within ten days after an ap- 
pointment, the clerk of the board of education shall report to the state 
commissioner of common schools the name of the appointee, and 
whether the appointment is for a full or an unexpired term ; provided, 
that in city school districts that now have a board of city school 
examiners consisting of three members, the members of the same 
shall serve for the full term for which they were appointed ; when the 
board does not consist of three members the same is hereby abolished 
and a new board shall be appointed, the members to serve for one, 
two and three years from the thirty-first day of Ai:gust succeeding the 
passage of this act. All village boards of examiners are hereby 



144 OHflO SCHOOL LAWS. 



Ch. 12. Boards of Examiners. 



abolished, but certificates issued by said boards shall continue in 
force within the village school district, for the full time for which 
they were issued. (Passed and approved April 25, 1904.) 

Sec. 4078. [Standard of qualification for teachers; examina- 
tion of schools; law governing board in examining teachers; 
special examiners; their oath; duty of school superintendents.] Each 
city board of school examiners shall determine the standard of 
qualification for teachers, and may examine any school in the district 
when such examination is deemed necessary to ascertain a teacher's 
qualifications, but in the examination of applicants and the granting 
of certificates the board shall be governed by the provisions of 
section forty hundred and seventy-four, and to secure a thorough 
examination of applicants in difficult branches, or special studies, 
the board may secure the assistance, temporarily, of persons of suf- 
ficient knowledge in such branches or studies, who shall promise on 
oath or affirmation, to be administered by the clerk of the board of 
examiners, to perform the duties of examiner faithfully and im- 
partially, and superintendents of schools shall give to the board all 
necessary information in reference to branches and special studies 
to be taught, and the branches of study and grades of school which 
teachers will be required to teach. (Passed and approved April 
25, 1904.) 

Sec. 4079. [Organization of board; bond of clerk.] Each city 
board of school examiners shall organize during the month of Sep- 
tember each year by choosing from its members a president, a 
vice-president, and a clerk ; the president shall preside at all the meet- 
ings of the board, and in his absence the vice-president shall preside ; 
the clerk shall perform all the duties required in this chapter of the 
clerk of the board of county school examiners in so far as said duties 
apply, and shall give bond, in the sum of three hundred dollars with 
surety to be approved by the board of education, conditioned that 
he will perform faithfully the duties required of him by this chapter, 
which bond shall be deposited with the clerk of the board of educa- 
tion. (Passed and approved April 25, 1904.) 

Sec. 4080. [Meetings for examinations; notice.] Each board 
of city school examiners shall hold not less than two meetings each 
year, notice of which shall be published in some newspaper of general 
circulation in the district, and the expense of such publication shall 
be paid as provided in section forty hundred and eighty-three, and all 
examinations of applicants shall be conducted at the meetings of the 
boards thus called, and the examination of each and every applicant 
shall be in the presence of at least two members of the board. 
(Passed and approved April 25, 1904.) 



OHIO SCHOOL LAWS. 145 

Boards of Examiners. Ch. 12. 

Sec. 4081. [Granting, renewal and revocation of certificates; 
age limit; hearing on revocation of certificate.] Each city board of 
school examiners may grant teachers' certificates for one, two, three, 
five, and eight years from the day of examination ; and said certifi- 
cates shall be valid within the district wherein they are issued. All 
teachers' certificates granted for one, two, or three years, shall be 
regarded as provisional certificates and shall be issued only in com- 
pliance with such reasonable regulations and standard and upon such 
ratios as the board may adopt, but no such certificate shall be renewed 
except upon examination ; provided, that when any teacher holding 
a two year certificate and having for the last five years preceding 
been continuously engaged in teaching in the same county, said 
teacher shall be entitled to have his or her certificate renewed by 
passing an examination in theory and practice; all certificates granted 
for five years, or eight years, shall be regarded as professional certifi- 
cates and shall be renewable without examination at the discretion 
of the examining board, if for three years next preceding the date of the 
application of the holders thereof shall have been engaged in teach- 
ing, not less than twelve months of such time being spent in the same 
district and the board being satisfied as to the moral character and 
the professional attainments of the holders thereof. No certificate 
shall be issued to any person who is less than eighteen years of age ; 
and if at any time the recipient of a certificate be found intemperate, 
immoral, incompetent, or negligent, the examiners, or any two of 
them, may revoke the certificate ; but such revocation shall not pre- 
vent a teacher from receiving pay for services previously rendered ; 
and before any hearing is had by a board of examiners on the question 
of the revocation of a teacher's certificate, the charges against the 
teacher shall be reduced to writing and placed upon the records of 
the board, and the teacher shall be notified in writing as to the nature 
of the charges and the time set for the hearing, such notice to 
be served either personally or at his residence, and the teacher shall 
be entitled to produce witnesses and defend himself; the examining 
board shall have power to send for witnesses and examine them on 
oath touching the matter under investigation, and said oath or affir- 
mation may be administered by any member of the board of ex- 
aminers. (Passed and approved April 25, 1904.) 

Sec. 4082. [Nature of certificates to be granted; branches of 
study.] The provisions of section forty hundred and seventy-four 
of the Revised Statutes of Ohio relating to the kinds of certificates 
authorized to be issued by the county boards of school examiners for 
teachers in elementary schools and high schools, and for superin- 
tendents shall apply to city boards of school examiners; provided, 

10— s. L. 



146 OHIO SCHOOL LAWS. 



Ch. 12. Boards of Examiners. 



that city boards of school examiners may, in their discretion, require 
teachers in elementary schools to be examined in drawing, music, or 
German if such subjects are a part of the regular work of such 
teachers. (Passed and approved April 25, 1904.) 

Sec. 4083. [Compensation of examiners; incidental expenses.] 
Each city board of education shall fix the compensation of the 
members of the city board of school examiners and the additional 
compensation of the clerk of the board, and the person or persons 
called to their assistance, furnish the necessary books, blanks and sta- 
tionery for their use, and designate a school building within the district 
in which they shall conduct examinations, and to cause such building 
to be lighted and heated if necessary; and such compensation, and the 
incidental expenses incurred on account of the city board of school 
examiners, shall be paid, by order of the board of education, from 
the contingent fund of the district. (Passed and approved April 25, 
1904.) 

Sec. 4084. [Records and reports; duties of the clerk; disposi- 
tion of fees.] The clerk of the city board of school examiners shall 
keep a record of the proceedings of the board, and such statistics as the 
state commissioner of common schools may require, and in the form and 
manner he may require, and shall report such statistics to the com- 
missioner annually, on or before the first day of September; he shall 
pay the examination fees received by him to the treasurer of the 
district within ten days after each meeting, and at the same time 
file with the clerk of the board of education a written statement 
of the amount, and also a statement of the number of applicants, 
male and female, examined, and the number of certificates granted, 
and for what terms ; and the fees paid to the treasurer of the dis- 
trict shall be applied to the support of teachers' institutes, as pro- 
vided in chapter thirteen. (Passed and approved April 25, 1904.) 

Sec. 4085. [Applicants who fail may appeal to the state com- 
missioner of common schools; method of procedure.] All manu- 
scripts filed as answers to questions propounded to any applicant 
appearing before any county or city board of school examiners, shall be 
promptly considered and passed upon by said board together with 
the results of oral tests if any and such other information which 
may come to said board touching the fitness of any applicant for 
teaching in the public schools ; and said board shall promptly issue 
all certificates granted to successful applicants and send notices 
of failure to those who fail in .the examination, if such there be. 
All such manuscripts shall be kept on file for sixty days by the mem- 
bers of the examining board propounding the questions, and if within 
the sixty days any applicant after receiving his returns from the ex- 



OHIO SCHOOL LAWS. 147 



Boards of Examiners. Ch. 12. 



amination has cause to and does believe that he has been discrim- 
inated against and his manuscripts unfairly graded, it shall be his 
right to review his manuscripts with the member or members of 
the board having the same in charge, and if after such inspection 
and review of the manuscripts, he is still of the opinion that said 
board will not correct the error, if any, and issue his certificate, he 
shall have the right to appeal his case to the state commissioner of 
common schools for final review. Such appeal shall be in the form 
of an affidavit setting forth the facts as he believes them, accompanied 
by a fee of one dollar to cover the expenses incident to said appeal, 
and requesting that the matter be inquired into ; thereupon the said 
commissioner shall require the clerk of said board to procure and 
forward said manuscripts, together with a full explanation of the 
reasons for the board's action, and if upon his examination of all the 
facts, together with the manuscripts, he finds that said applicant 
was denied a certificate when he should have been granted one and 
has been discriminated against by the board, he shall order the board 
forthwith to issue a certificate of the date of the teachers' examination 
attended by said applicant and indicate the length of time said cer- 
tificate shall be valid, but if upon inspection of the manuscripts and 
reviewing the facts submitted he shall conclude that no injustice 
has been done, he shall so notify the applicant and the clerk of the 
board of examiners. (Passed and approved April 25, 1904.) 



148 



OHIO SCHOOL LAWS. 



Ch. 13. 



Teachers' Institutes. 



CHAPTER XIII. 



TEACHERS' INSTITUTES. 



Section. 

4086. Organization of county teachers' in- 

stitutes; election of oflicers; term; 
vacancies; duty of executive com- 
mittee; bond; wlien election to 
be held. 

4087. Payment of institute fund to com- 

mittee. 



4088. 



Report of secretary; his compensa- 
tion. 



4089. Forfeiture of committee's bond. 



Section. 



4090. 



4091. 



4092. 



4093. 
4094. 



When school commissioner may hold 
institute. 

Teachers may dismiss school to at- 
tend institute; compensation for 
time, when allowed. 

Institutes for city districts; number 
of days; payment of expenses; ap- 
propriation by board of education. 

Repealed. 

Number of days institute must con- 
tinue; reports. 



Sec. 4086. [Organization of county teachers' institute; elections, 
term, duties and bond of officers,] A teachers' institute may be or- 
ganized in any county, by the association of not less than thirty prac- 
tical teachers of the common schools residing therein, who shall de- 
clare their intention in writing to attend such institute, the purpose 
of which shall be the improvement of such teachers in their profession ; 
such institute shall elect annually, by ballot, a president, secretary, 
and one member of an executive committee, said member of the ex- 
ecutive committee to serve for a term of three years ; provided, that 
at the first annual election held after the organization of any institute, 
there shall be elected three members of the executive committee, 
the one receiving the highest number of votes to serve for three years ; 
the one receiving the next highest number of votes to serve two years ; 
and the one receiving the next highest number of votes to serve one 
year. The president and secretaiy of the institute shall be ex-officio 
members of the executive committee and shall act as chairman and 
secretary of said committee. Any vacancy in the office of president, 
secretary, or member of the executive committee caused by death, 
resignation, removal from the county or other cause, may be filled 
by the executive committee, the person elected to fill such vacancy to 
serve until the next annual meeting of the institute. It shall be the 
duty of this executive committee to manage the afifairs of the institute ; 
which committee shall enter into a bond, payable to the state of Ohio, 
with sufficient surety, to be approved by the county auditor in double 
the amount of the institute fund in the county treasury, for the benefit 
of the institute fund of the county, and conditioned that the committee 
shall account faithfully for the money which wJll come into its pos- 
session, and make the report to the commissioner of common schools, 
required by section four thotisand and eighty-eight, and such election 
of officers shall be held during the session of such institute and at 



OHIO SCHOOL LAWS. 149 



Teachers' Institutes. Ch. 13. 



time fixed by the executive committee thereof, of which election at 
least three clays' notice shall be given the members of such institute 
by posting conspicuously in a room, where such institute is held, a 
notice of the time and place of holding such election and of the officers 
to be voted for at such election. (95 v. 237; 92 v. 10; 84 v. 230; 
Rev. Stat. 1880; 70 v. 195, § 112.) 

Sec. 4087, [Payment of institute fund to committee.] The dec- 
laration and bond mentioned in section forty hundred and cii^hty-si.v 
shall be filed with the county auditor, whereupon the auditor shall 
give to the institute committee an order on the county treasurer for 
the amount of the institute fund in the treasury ; and any portion of 
said fund not disbursed by the committee shall be returned to the 
county treasury, on the certificate of the county auditor. (70 v. 195, 
§ 112; S. & S. 709.) 

Sec. 4088. [Report of secretary; his compensation.] The sec- 
retary shall, within five days after the adjournment of the institute, 
report to the state commissioner of common schools the number of 
teachers in attendance at the institute, the names of instructors and 
lecturers attending said institute, the amount of money received and 
disbursed by the committee and such other information relating to 
the institute as the commissioner may require ; the secretary may be 
allowed compensation not to exceed ten dollars for making such 
report and for his services as secretary, to be paid out of the institute 
fund of the county, but no other compensation shall be allowed any 
officer or member of the executive connnittee ; on failure to make such 
report, the secretary shall forfeit and pay to the state the sum of 
fifty dollars. (95 v. 238; 1888, April 11; 85 v. 192, 196; Rev. Stat. 
1880 ; 70 V. 195, § 1 12 ; S. & S. 709.) 

Sec. 4089. [Forfeiture of committee's bond.] Upon the for- 
feiture of the committee's bond, the prosecuting attorney of the county 
shall prosecute an action thereon, in the name of the state, and collect 
any money which the committee may have failed to disburse accord- 
ing to law, and any penalty to which the committee may be liable 
under this chapter, and pay the same into the county treasury to 
the credit of the institute fund. (70 v. 195, § 112.) 

Sec. 4090. [When school commissioner may hold institute.] 

Wlien a teachers' institute has not 1)een held within two years in any 
county, the commissioner of common schools may hold or cause to 
be held therein such institute ; and the management thereof and all 
proceedings in relation thereto, shall be the same as hereinbefore 
provided, except that the written declaration required shall not be 
necessary. (70 v. 195, § 114.) 



150 OHIO SCHOOL LAWS. 



Ch. 13. Teachers' Institutes. 



Sec. 4091. [Teachers may dismiss school to attend institute; 
compensation for time, when allowed.] All teachers of the public 
schools within any county in which a county institute is held may 
dismiss their schools for one week for the purpose of attending such 
institute, and when such institute is held while the schools are in 
session the boards of education of all school districts are required 
to pay the teachers of their respective districts their regular salary 
for the week they attend the institute upon the teachers presenting 
a certificate of full regular daily attendance at said institute signed 
by the president and secretary thereof; the same to be paid as an ad- 
dition to the first month's salary after said institute by the board of 
education by which said teacher is then employed, or in case he is 
unemployed at the time of the institute, then by the board next em- 
ploying said teacher, provided the term of said employment begins 
within three months after said institute closes. (Passed and approved 
April 25, 1904.) 

Sec. 4092. [Institutes for city districts; number of days; pay- 
ment of expenses; appropriation by board of education.] The board 
of education of each city school district may provide for holding an 
institute yearly, for the improvement of the teachers of the common 
schools therein ; and general meetings of the teachers of any such city 
district held upon not less than four days in any year, whether con- 
secutive days or not, for the purpose of instruction, shall be deemed 
to constitute a teachers' institute for said city district within the 
meaning of this section ; the expenses of such institute shall be paid 
from the institute fund provided for by section forty hundred and 
eighty-four; and in addition to this fund the board of education of 
any district may expend annually, for the instruction of the teachers 
of said district in an institute or in such other manner as it may pre- 
scribe, a sum not to exceed five hundred dollars, the same to be paid 
from its contingent fund; if the board of any district do not provide 
for such institute in any year, it shall cause the institute fund in the 
hands of the district treasurer for the year to be paid to the treasurer 
of the county wherein the district is situated, who shall place the 
same to the credit of the county institute fund, and the teachers of 
the schools of such district shall be entitled, in such case, to the ad- 
vantages of the county institute, subject to the provisions of the pre- 
ceding section ; and the clerk of the board shall make the report of 
the institute required by section forty hundred and ninety-four. 
(Passed and approved April 25, 1904.) 



Sec. 4093. Repealed April 25, 1904. 



OHIO SCHOOL LAWS. 151 



Teachers' Institutes. Ch. 13. 



Sec. 4094. [Number of days institutes must continue; reports.] 

All institutes held under the provisions of this chapter shall continue 
at least four days ; and a report of the institute held in pursuance 
of the provisions of section forty hundred and ninety-two shall be 
made to the state commissioner of common schools w^ithin five days 
after the adjournment thereof, which shall state the number of teachers 
in attendance, the names of the instructors and lecturers, the total 
expenses of the institute, and the portion thereof paid from institute 
funds, and such other information relating to the institute as the com- 
missioner may require. (Passed and approved April 25, 1904.) 



152 OHIO SCHOOL LAWS. 



Ch. 13a. State Normal Schools. 



CHAPTER Xllla. 

STATE- NORMAL SCHOOLS. 

Section. i Section. 



4094-1. State normal schools; location. 
4094-2. Organization, control, instruction. 
4094-3. Tax levy for "Ohio and Miami uni- 
versity fund." 



4094-4. How funds distributed. 

4094-5. State normal school commission, 
governor to appoint; duties. 

4C94-6. Commission to make report to gov- 
ernor. 



(4094-1) Sec. I. [State normal schools; location.] That there 
be and are hereby created and established two state normal schools 
to be located as follows: One in connection with the Ohio univer- 
sity, at Athens, and one in connection with the Miami university, at 
Oxford. (95 V. 45, March 12, 1902.) 

(4094-2) Sec. 2. [Organization, control, instruction.] The 
boards of trustees of said universities shall, not later than September, 
1903, organize at their respective institutions a normal school which 
shall be co-ordinate with existing courses of instruction, and shall be 
maintained in such a state of efficiency as to provide proper theoretical 
and practical training for all students desiring to prepare themselves 
for the work of teaching ; said normal schools, in each case, being 
under the general charge and management of the respective boards 
of trustees of said universities. (95 v. 45, March 12, 1902.) 

(4094-3) Sec. 3. [Tax levy for "Ohio and Miami university fund".] 
To enable the Ohio university and the Miami university to organize 
and support said normal schools there shall be levied annually a tax 
on the grand list of the taxable property of the state of Ohio, which 
shall be collected in the same manner as other state taxes and the 
proceeds of which shall be made a part of the "Ohio and Miami uni- 
versity fund," as already provided for (O. L., Vol. 92, pp. 40-41). 
The rate of such levy shall he designated by the general assembly at 
least once in two years, and if the general assembly shall fail to desig- 
nate the rate for any year, the same shall be for the said "Ohio and 
Miami university fund," one thirtieth (1-30) of one mill upon each 
dollar of the valuation of such taxable property. (95 v. 45, March 
12, 1902.) 

(4094-4) Sec. 4. [How fund distributed.] The said "Ohio and 
Miami university fund," as herein described, shall be distributed and 
paid annually, seven-twelfths (7-12) thereof to the treasurer of the 
Ohio university upon the order of the president of the board of 
trustees of the said Ohio university and five-twelfths (5-12) thereof 



OHIO SCHOOL LAWS. 153 



State Normal Schools. Ch. 13a. 



to the treasurer of the ATiami university upon the order of the presi- 
dent of the board of trustees of said Miami university. (95 v. 45, 
March 12, 1902.) 

(4094-5) Sec. 5. [State normal school commission, governor to 
appoint.] The governor is hereby authorized and required, within 
ninety days after the passage of this act, to appoint a board, to be 
known as the state normal school commission, consisting of four 
judicious citizens of the state, not more than twxD of whom shall be 
of the same political party, who shall serve without compensation, 

[Duties.] and whose ditty it shall be to make investigation 
upon the need and advisability of the future establishment by the 
state of one or more additional normal schools, and to consider in wdiat 
manner and to what extent existing educational institutions other 
than those now supported by the state can be made more active and 
effective in the Ijetter training of persons for service in the public 
schools. (95 V. 45, March 12, 1902.) 

(4094-6) Sec. 6. [Commission to make report to governor.] 
The state normal school commission shall, prior to the meeting of 
the seventy-sixth general assembly, |make full report of its findings 
and investigations to the governor, who shall upon the organization 
of the general assembly transmit to it said report with such recom- 
mendations as he may deem proi)cr. (95 v. 46, March 12, 1902.) 



154 



OHIO SCHOOL LAWS. 



Ch. 14. 



Colleges and Universities. 



CHAPTER XIV. 



COLLEGES AND UNIVERSITIES. 



Section. 

4095. Common council of any munici- 

pal corporation may accept ed- 
ucational trusts. 

4096. How trust funds to be applied. 

4097. Trusteeship to vest in city, etc. 

4098. Board of directors; how appointed. 

4098-1. Appointment of trustees of uni- 
versities in Cincinnati supported 
by taxation in whole or in part. 

4099. Powers of board; duties of city so- 

licitor. 

4100. Citizens not to be charged for ad- 

mission of children; non-resi- 
dents may be admitted. 

4101. Accounts of receipts and expendi- 

tures of endowment fund; how 
said fund may be invested. 

4102. When board may confer degrees; 

certain universities defined. 

4103. Site and grounds for universities. 

4104. When and how tax may be levied. 

4105. Trust funds, board of education 

to act as trustee in certain 

cases; tax levy. 
4105-1. Providing for the sale of certain 

Ohio university lands. 
4105-2. Owner to receive deed; form of. 
4105-3. Validity of such deed. 
4105-4. Registry of deed, etc, to be kept. 
4105-5. Proceeds to be deposited in state 

treasury and become irreducible 

trust fund. 
4105-6. Levy and collection of state tax 

upon lands donated to Athens, 

Ohio, university for use of said 

university. 
4105-7. Tax in lieu of rents; tax collected 

from railroad companies not to 

include tax on rolling stock. 
4105-8 (Repeal.) 
4105-9. Establishment and name of Ohio 

State University. 
4105-10. Style and powers of trustees. 
4105-11. Further powers and duties. 
4105-12. Who shall be admitted as pupils. 
4105-13. Prerogative of the trustees. 
4105-14. OfHcers of the board. 
4105-15. Board may receive devises of land, 

etc. 
4105-16. Title of lands to be vested in the 

state, etc. 
4105-17. Attorney general to be legal ad- 
viser of the board. 
4105-18. Location of the college; sundry 

provisos. 
4105-19. Acceptance of ceded lands. 
4105-20. Compensation for damages to 

lands may be demanded. 
4105-21. Title of lands invested in trustees 

of agricultural college, etc. 



Section. 

4105-22. Division of unsold lands into 
tracts, etc. ; tracts to be num- 
bered and appraised. 

4105-23. To be sold at private or public 
sale ; contracts of sale to be re- 
corded, etc. 

4105-24. Trustees of Ohio State University 
may erect residence for faculty. 

4105-25. Acts repealed. 

4105-26. Ohio State University; establish- 
ment of a school of mines; 
course of study; school appara- 
tus, etc. 

4105-27. Employment and duties of in- 
structors; cabinet of specimens 
to be kept. 

4105-28. Appropriations. 

4105-29. Support of Ohio State University 
Law School. 

4105-30. Ohio State University department 
of ceramics. 

4105-31. Special instruction. 

4105-32. Laboratory. 

4105-33. Expert. 

4105-34. Appropriations. 

4105-35. Written analysis to be furnished 
by professor of chemistry at ag- 
ricultural college. 

4105-36. To be known as "The Ohio State 
University." 

4105-37. To be governed by board of seven 
trustees; how and by whom ap- 
pointed. 

4105-38. Their terms of office; to be paid 
their expenses while engaged in 
discharge of duties. 

4105-39. Powers and duties of board. 

4105-40. Collections of specimens. 

4105-41. Meetings of board of trustees. 

4105-42. Report of trustees; when made 
and what to contain; printing 
and distribution of report. 

4105-43. Funds from sale of land-scrip to 
form part of irreducible debt, 
interest of same to be paid uni- 
versity. 

4105-44. Board of trustees to fix compen- 
sation of faculty, teachers, etc. 

4105-45. Branches prescribed at Ohio State 
University. 

4105-46. Computation and investment of 
interest. 

4105-47. How interest invested. 

4105-48. Trustees of Ohio State University 
authorized to make certain 
deeds. 

4105-49. Duty of auditor of state. 

4105-50. Relief of persons who wrongfully 
paid for land in Virginia mili- 
tary district; duty of auditor 
of state. 



OHIO SCHOOL LAWS. 



155 



Colleges and Universities. 



Ch. 14. 



Section 

4105-51. 

4105-52. 

4105-53. 

4105-54. 

4105-55. 

4105-56. 

4105-57. 
4105-58. 



4105-59. 



Appropriations. 

Costs of obtaining evidence. 

Report to general assembly. 

Normal and industrial depart- 
ment of Wilberforce University. 

Board of trustees; appointment 
by governor, etc.. 

Choosing of trustees by univer- 
sity board. 

Vacancies. 

Names of trustees chosen by uni- 
versity board to be certified to 
governor. 

Meetings of trustees; their ex- 
penses. 



Section. 

4105-60. Powers and duties of trustees. 

4105-61. Non-sectarian character of de- 
partment. 

4105-62. Payment to university of state ap- 
proportions; bond of treasurer. 

4105-63. Annual report, an estimate of ap- 
propriations. 

4105-64. Power of member of general as- 
sembly to designate youth for 
free admission to such depart- 
partment. 



4105-65. 



Appropriations; 
revenues. 



application of 



4105-06. Annual appropriations for Wilber- 
force University. 



Sec. 4095. [Common council of any municipal corporation may ac- 
cept educational trusts.] The board of directors of the university, 
college or other educational institution of any municipal corporation, 
in the name and on behalf of such corporation, may accept and take 
any property or funds heretofore or hereafter given to such corpora- 
tion for the purpose of founding, maintaining or aiding a university, 
college or institution for the promotion of education, and upon such 
terms, conditions and trusts not inconsistent with law as the said 
board of directors may deem expedient and proper for that end. (Pass- 
ed April 23, 1904. Approved May 3, 1904.) 

Sec. 4096. [How trust funds to be applied.] For the further 
endowment, maintenance and aid of any such university, college or 
institution heretofore or hereafter founded, the board of directors 
thereof may, in the name and in behalf of such municipal corporation, 

-accept and take as trustee and in trust for the purposes aforesaid any 
estate, property or funds which may have been or may be lawfully 
transferred to the municipal corporation for such use by any person, 
persons or body corporate having the same, or any annuity or endow- 
ment in the nature of income which may be covenanted or pledged 
to the municipal corporation, towards such use by any person, persons 
or body corporate ; and any person, persons or body corporate having 
and holding any estate, property or funds in trust or applicable for 

, the promotion of education, or the advancement of any of the arts or 
sciences, may convey, assign and deliver the same to such municipal 
corporation as trustee in his, their or its place, or covenant or pledge 
its income or any part thereof to the same ; and any such estate, 
property, funds or income shall be held and applied by such municipal 
corporation in trust for the further endowment, maintenance and aid 
of such university, college or institution, in accordance nevertheless 
with the terms and true intent of any trust or condition upon which 
the same was originally given or held. (Passed April 23, 1904. 
Approved May 3, 1904.) 



156 



OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Universities. 



Sec. 4097. [Trusteeship to vest in city, etc.] Upon such trans- 
fer and the acceptance thereof by the municipal corporation and its 
successors, as trustees shall become and be perpetually obligated and 
held to observe and execute such trust in all respects according to 
any other or further terms or conditions lawfully agreed upon at the 
time of such transfer and acceptance; and any court having jurisdic- 
tion of the appointment of trustees of such trust for educational 
purposes, may, in a proceeding for that purpose duly instituted and 
had, appoint and constitute such municipal corporation with the con- 
sent of its council, trustee of the estate, property and funds so trans- 
ferred to it, and may dispense with bond and surety upon the part of 
the municipal corporation for the performance of such trust, unless the 
same is required b}^ the original terms or conditions thereof, and shall 
upon the due transfer and acceptance of such trust by the municipal 
corporation, release and fully discharge the trustee, or trustees so 
transferring the same; and any acceptance or acceptances by such 
municipal corporation of any or all property, funds, rights, trust 
estate or trusts heretofore given, granted, assigned. Or otherwise con- 
veyed or transferred to, or bestowed upon any such municipal cor- 
poration or to or upon any such university, college or institution in 
good faith, and which are still held and retained by such municipal 
corporation, or any such university, college or institution, shall be 
held and deemed to be valid and binding as to all parties. (Passed 
April 23, 1904. Approved May 3, 1904.) 

Sec. 4098. [Board of directors; how appointed.] The custody 
and management of any and all estates, property, or funds so given, 
or transferred in trust to said city, and the entire administration 
of any and all such trusts so accepted by the common council thereof, 
and any university, college, or institution for the promotion of edu- 
cation heretofore or hereafter so founded in or by said city, except 
the common and high schools thereof, shall be committed to a board 
of nineteen directors, of whom the mayor of the city shall be one, 
and the others shall be appointed by the common council from per- 
sons of approved learning, discretion, and fitness for the olBce, six 
of whom shall be appointed from persons nominated to the com- 
mon council by the board of education of the city, and twelve from 
persons nominated to the common council b}^ the superior court of 
said city, if there be such court ; the term of office of each director 
shall be six years. Such directors shall serve until the election or 
qualification of their successors ; and any vacancy in the*board caused 
by expiration of term, resignation, removal, or any other cause, shall 
be filled by appointment herein provided for the unexpired term. The 
board of directors shall, at the first regular meeting in January, elect 



OHIO SCHOOL LAWS, 157 



Colleges and Universities. Ch. 14. 

a chairman, who is hereby authorized to administer the oath of office 
to any director so appointed. (1889, April 13 ; 86 v. 292 ; 78 v. 178 ; Rev. 
Stat. 1880; 67 V. 86, § 3.) 

(4098-1) [Appointment of trustees of universities in Cincinnati 
supported by taxation in whole or in part.] In cities of the first 
o-rade of the first class all vacancies in the board of directors or 
trustees of universities supported in whole or in part by public taxa- 
tion upon the property of such city, shall be filled by appointment 
by the judge or judges of the superior court of such cities where the 
same have a court; otherwise by the judge or judges of the common 
pleas court of the county in which such cities are located. (89 v. 31.) 

Sec. 4099. [Powers of board; duties of city solicitor.] As to 

all matters not herein or otherwise provided by law, such board of 
directors shall have all the authority, power and control vested in 
or belonging to such municipal corporation as to the management 
and control of the estate, property and funds, given, transferred, 
covenanted or pledged to the municipal corporation for the trusts 
and purposes aforesaid, and the government, conduct and control 
such university, college or institution ; it may appoint a clerk and all 
agents proper and necessary for the care and administration of the 
trust property, and the collection of the income, rents and profits 
thereof; it may appoint the president, professors, tutors, instructors, 
agents and servants necessary and proper for such university, college 
or institution, and fix their compensation ; it may provide all the neces- 
sary buildings, books, apparatus, means and appliances, and may pass 
all such by-laws, rules and regulations concerning the president, pro- 
fessors, tutors, instructors, agents, and servants, and the admission, 
government and tuition of students, as it may deem wise and proper, 
and it may, by suitable by-laws, delegate and commit the admission, 
government, management and control of the students, courses of 
studies, discipline and other internal afl:airs of such university, college 
or institution, to a faculty which the board of directors may appoint 
from among the professors. 

The solicitor of such municipal corporation shall, whenever re- 
quested so to do by resolution of said board, prosecute and defend, 
as the case may be, for and in behalf of the corporation, all com- 
plaints, suits and controversies in which the corporation or such 
board is a party, and which relate to any property, funds, trusts, 
rights, claims, estate or affairs, which shall or may be under the 
control or direction of said board, or which shall, in any manner, 
relate to the conduct or government of such university, college or 
institution. (Passed April 23, 1904. Approved May 3, 1904.) 



158 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Universities. 



Sec. 4100. [Citizens not to be charged for admission of children; 
non-residents may be admitted.] Citizens of such municipaHty shall 
not be charged for instruction in the academic department, except in 
professional courses therein. Such board of directors may charge fees 
to students in other departments and to students in professional 
courses in the academic department, and shall have po.wer in its dis- 
cretion from time to time to make such university, college or insti- 
tution free in any or all of its departments to citizens of such county 
in which such university, college or institution may be located. The 
board of directors may in their discretion receive other students on 
such terms as to tuition or otherwise as they may see fit. (Passed 
April 23, 1904. Approved May 3, 1904.) 

Sec. 4101. [Accounts of receipts and expenditures of endowment 
fund; how said fund may be invested.] The accounts of such trust 
estate, property and funds, and of the income and expenditure thereof, 
shall be kept by the auditor of such municipal corporation entirely 
distinct from all other accounts or affairs of the municipal corporation, 
and the moneys shall be kept by the treasurer of the municipal cor- 
poration distinct from other moneys. And the said board of directors 
shall, at all times, confine their disbursements for current expenses 
within the income of the trust, estate, property and funds, and shall 
annually report to the mayor and council of such municipal corpora- 
tion a full statement of the accounts of administration of such trust 
and other funds ; and said board of directors is hereby authorized to 
invest any part of the funds belonging to, or set apart for the use of 
such university, college or institution, or to any department thereof, 
as it may, from time to time, deem proper, in bonds of the United 
States or of the State of Ohio, or of any municipal corporation in the 
State of Ohio, or any county or school district in the State of Ohio, 
or in any other bonds or first mortgage securities approved by the 
board of directors ; and said board is further authorized to use any 
funds under its control for the improvement of real estate belonging 
to, or set apart for the use of, such university, college or institution. 
(Passed April 23, 1904. Approved May 3, 1904.) 

Sec. 4102. [When board may confer degrees; certain universities 
defined.] The board of directors of such university, college or in- 
stitution, may, upon the recommendation of the faculty thereof, confer 
such degrees and honors as are customary in universities and colleges 
in the United States, and such others as with reference to the 
course of studies and attainments of the graduates in special depart- 
ments it may deem proper. 

A university supported in whole or in part by municipal taxa- 
tion, is hereby defined as an assemblage of colleges united under one 



OHIO SCHOOL LAWS. 159 



Colleges and Universities. Ch. 14. 



organization or management, affording instruction in the arts, sciences 
and the learned professions, and conferring degrees. (Passed April 
23, 1904. Approved May 3, 1904.) 

Sec. 4103. [Site and grounds for universities.] The council of any 
such municipal corporation may set apart, or appropriate as a site for 
the buildings and grounds of any such university, college or institu- 
tion, any public grounds of the city not especially appropriated or 
dedicated by ordinance to any other use, any other law to the contrary 
not^vithstanding ; and the board of education of any such municipal 
corporation may also, for a like purpose, set apart, convey or lease 
for a term of years, any grounds or building owned or controlled by 
such board of education. Any grant for the use of such grounds or 
buildings heretofore or hereafter made by any council or board of 
education, may be modified, changed or extended as to the time when 
the same shall take effect and be in force, or otherwise, by agreement 
between said council, or board of education, and the board of directors 
of such university, college or institution, and said council shall be 
taken and held to be the representative of such municipal corporation 
vested with the title, right of possession and entire control of such 
property for the purposes of a new grant. (Passed April 23, 1904. 
Approved May 3, 1904.) 

Sec. 4104. [When and how tax may be levied for universities 
in municipal corporations; astronomical observatory.] The council 
may assess and levy annually taxes on all the taxable property of 
such municipal corporation to the amount of three-tenths of one mill 
on the dollar valuation thereof, to be applied by said board to the 
support of such university, college or institution, and may also levy 
and assess annually five one-hundredths of one mill on the dollar valu- 
ation thereof, fbr the establishment and maintenance of an astronomi- 
cal observatory, or for other scientific purposes, to be determined by 
the board of directors and to be used in connection with such uni- 
versity, college or institution, the proceeds of which shall be applied 
by the board of directors for such purposes exclusively ; provided, 
however, that the taxes specified in this section shall only be levied 
and assessed when the chief work of such university, college or 
institution, is the maintenance of courses of instruction, in advance 
of or supplementary to the instruction authorized to be maintained 
in high schools by boards of education. Said levies shall be made 
by council at the same time, and in the same manner as other levies 
for other municipal purposes, and shall be certified by council, and 
placed upon the tax duplicate in the same manner as other municipal 
levies. The funds of any such university, college or institution shall 



160 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Universities. 



be paid out by the treasurer upon the orders of the board of directors 
and the warrant of the auditor. (Passed April 23, 1904. Approved 
May 3, 1904.) 

Sec. 4105. [Trust funds, board of education to act as trustee 
in certain cases; tax levy.] The custody, management and adminis- 
tration of any and all estates or funds, given or transferred in trust 
to any municipality for the promotion of education, and accepted by 
the council thereof, and any institution for the promotion of educa- 
tion heretofore or hereafter so founded other than a university as 
defined by this act, shall be committed to, and exercised by, the board 
of education of the school district including such municipality, and 
such board of education shall be held the representative and trustee 
of such municipality in the management and control of such estates 
and funds so held in trust and in the administration of such institution, 
excepting always such funds and estates held by any municipality 
which are used to maintain a university as defined by this act. And 
for the uses and purposes of such board of education in administering 
such trusts, the council of such municipality may annually levy taxes 
on all the taxable property of such municipal corporation to the 
amount of three-tenths of one mill on the dollar valuation thereof. 
(Passed April 23, 1904. Approved May 3, i904.)_^ 

OHIO UNIVERSITY. 

(4105-1) Sec. I. [Providing for sale of university lands.] The 

owner of the lands or town lots held under leases from the president 
and trustees of the Ohio University, or held under sale-leases or 
assignments by or under the original lessees, may pay to the treasurer 
for the time being of said university, such sum of money, as being 
put at interest at six per cent, will 3deld the amount of rent reserved 
in the original lease, or in case of a division of the original tract or 
parcel leased, will equal the proper aliquot part thereof, or the part 
agreed upon by the several owners ; providing, that such person so 
surrendering and releasing to said corporation shall pay the necessary 
expenses incident to such change of tenure, and procure the services 
of an agent to perform the necessary labor thereof; and upon payment 
of such sum and of all rents due upon the land, the treasurer afore- 
said shall, on demand of such owner, give him a certificate of such 
payment. (80 v. 193.) 

(4105-2) Sec. 2. [Owner to receive deed; form of.] That such 
owner, upon such payment, shall be entitled to receive a deed of con- 
ve5^ance for such land by him owned, to be signed by the president of 
said corporation, countersigned by its secretary, and sealed with the 



OHIO SCHOOL LAWS. 161 



Colleges and Universities. Ch. 14. 



corporate seal of the university, conveying the premises in fee simple 
to such owner, or such owner may, at his option, demand and receive 
a certificate as aforesaid ; and the governor of Ohio, upon presentation 
thereof, shall execute and deliver to such owner, a deed in due form 
of law conveying the premises in fee simple to such owner. (80 
V. 193.) 

(4105-3) Sec. 3, [Validity of such deed.] That cither of such 
deeds, so made, shall have the effect in law and in fact to vest in the 
grantee an absolute estate in fee simple in the premises, subject, how- 
ever, to all liens, equities, or rights of third persons in, to ur upon the 
premises. (80 v. 193.) 

(4105-4) Sec. 4. [Registry of deed, etc., to be kept. J It shall 
be the duty of such secretary to keep an accurate registry of all such 
payment, certificates and deeds, with an accurate description of the 
tract or lot of land so paid for or deeded; and thereafter, the lands so 
deeded shall be subject to taxation, in like manner as other freehold 
estates in said county ; and the original leases therefor, in so far as re- 
gards the land so deeded, shall cease to have force or eft'ect. (80 
V. I93-) 

(4105-5) Sec. 5. [Proceeds to be deposited in state treasury, and 
become irreducible trust fund.] That it shall be the duty of the treas- 
urer of the Ohio University, on or before the first day of January, 
next, after said receipt of money, to deposit the same in the state 
treasury upon the certificate of the state auditor, and the sum so de- 
posited shall be added to the irreducible trust funds held by the state 
for education purposes, and interest thereon shall be paid semi- 
annually to the treasurer of said university, upon the rc([uisition of 
the state auditor. (80 v. IQ3.) 

(4105-6) Sec. I. [Levy and collection of state tax upon lands 
donated to Athens University for use of said university.] Hereafter a 
state tax or a tax equal to the state tax upon like property, shall be 
levied and collected upon all lands donated to the Ohio University, sit- 
uated at Athens, Ohio, and held by lease from said university or by 
deed from the governor or the said university, including such parts of 
said lands as are or may be owned, occupied or used by railroad com- 
panies as roadbeds, roadways, station houses, or for other purposes ; 
and the said taxes when collected shall be paid over by the treasurer of 
Athens county, upon the warrant of the auditor of said county, to the 
treasurer of the Ohio University, for its use. (82 v. 115.) 

(4105-7) Sec. 2. [Tax in lieu of rents; tax collected from rail- 
road companies not to include tax upon rolling stock.] That the tax 
so to be collected upon lands so held by lease, shall be in lieu of so 
11— s. L. 



162 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Universities. 



much of the rents due to the university; and the tax so to be collected 
from railroad companies, and paid to the university, shall not include 
the tax upon rolling stock. (82 v. 115.) 

(4105-8) Sec. 3. [Repeal.] That the act entitled "an act to re- 
fund to the Ohio University certain funds in the state treasury, and to 
provide for the future payment of the claims of said university," passed 
March 25, 1875, be and is hereby repealed, saving however, all rights 
vested or required under said act. (82 v. 115.) 

OHIO STATE UNIVERSITY. 

(4105-9) Sec. I. [Establishment and style of college,] A col- 
lege, to be styled the Ohio Agricultural and Mechanical College, is 
hereby established in this state, in accordance with the provisions 
of an act of congress of the United States, passed July 2d, 1862, 
entitled "an act donating public lands to the several states and terri- 
tories which Inay provide colleges for the benefit of agricultural and 
mechanic arts," and said college to be located and controlled as here- 
inafter provided. The leading object shall be, without excluding 
other scientific and classical studies, and including military tactics, 
to teach such branches of learning as are related to agricultural and 
mechanic arts. (67 v. 20.) 

(4105-10) Sec. 4. [Style and powers of trustees.] The trustees 
and their successors in office shall be styled the "Board of trustees of 
the Ohio Agricultural and Mechanical College," with the right as 
such, of suing and being sued, of contracting and being contracted 
with, of making and using a common seal, and altering the same at 
pleasure. (67 v. 20.) 

(4105-11) Sec. 5. [Further powers and duties.] The board of 
trustees shall have power to adopt by-laws, rules and regulations for 
the government of said college; to elect a president; to determine the 
number of professors and tutors, elect the same, and fix their salaries. 
They shall also have power to remove the president or any professor 
or tutor whenever the interests of the college, in their judgment, shall 
require ; to fix and regulate the course of instruction, and to prescribe 
the extent and character of experiments to be made. (67 v. 20.) 

(4105-12) Sec. 7. [Who shall be admitted as pupils.] The col- 
lege shall be open to all persons over fourteen years of age, subject 
to such rules and regulations and limitations, as to numbers from 
the several counties of the state, as may be prescribed by the board 
of trustees ; provided, that each county shall be entitled to its just 
proportion, according to its population. The board may provide for 
courses of lectures, either at the seat of the college or elsewhere in 
the state, which shall be free to all. (67 v. 20.) 



OHIO SCHOOL LAWS. 163 



Colleges and Universities. Ch. 14. 

(4105-13) Sec, 8. [Prerogative of the trustees.] The board of 
trustees shall have the general supervision of all lands, buildings, 
and other property belonging to said college, and the control of all 
expenses therefor ; provided, always, that said board shall not con- 
tract any debt not previously authorized by the general assembly of 
the state of Ohio. {6^ v. 20.) 

(4105-14) Sec. 9. [Officers of the board.] The board of trustees 
shall annually elect one of their number chairman, and in the ab- 
sence of the chairman shall elect one of their number temporary 
chairman, and shall have power to appoint a secretary, treasurer, 
and librarian, and such other officers as the interests of the college 
may require, who may or may not be members of the board ; and 
shall held their offices for such term as said board shall fix, sub- 
ject to removal by said board, and shall receive such compensation 
as the board shall prescribe. The treasurer shall, before entering 
upon the duties of his office give bond to the state of Ohio in such 
sum as the board may determine, which bond shall not be for a 
less sum than the probable amount that will be under his control 
in any one year, conditioned for the faithful discharge of his duties and 
the payment of all moneys coming into his hands, said bond to be 
approved by the attorney general of the state. (67 v. 20.) 

(4105-15) Sec. II. [Board may receive devises of land, etc.] The 
board of trustees shall have power to receive, and hold in trust, for the 
use and benefit of the college, any grant or device of land, and any 
donation or bequest of money or other personal property, to be ap- 
plied to the general or special use of the college ; all donations or 
bequests of money shall be paid to the state treasurer, and invested 
in the same manner as the endowment fund of the college, unless 
otherwise directed in the donation or bequest. (67 v. 20.) 

(4105-16) Sec. 13. [Title of lands to be vested in the state, etc.] 
The title for all lands for the use of said college, shall be made in fee 
simple to the state of Ohio, with covenants of seizin and warranty, 
and no title shall be taken to the state for the purposes aforesaid until 
the attorney general shall be satisfied that the same is free from all 
defects and incumbrances. (67 v. 20.) 

(4105-17) Sec. 15. [Attorney general to be legal adviser of the 
board.] The attorney general of the state shall be the legal adviser 
of said board of trustees, and he shall institute and prosecute all 
suits in behalf of the same, and shall receive the same compensation 
therefor as he is entitled to by law for suits brought in behalf of the 
asylums of the state. (67 v. 20.) 

(4105-18) Sec. 17. [Location of the college; sundry provisos.] 
It shall be the duty of the board of trustees to permanently locate said 



164 



OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Universities. 



agricultural and mechanical college upon lands, not less than one hun- 
dred acres, which in their judgment is best suited to the wants and 
purposes of said institution, the same being reasonably central in the 
state, and accessible by railroad from different parts thereof, having 
regard to healthiness of location, and also regarding the best interests 
of the college in the receipt of moneys, lands, or other properties don- 
ated to said college by any county, town, or individual, in considera- 
tion of the location of said college at a given place ; provided, it shall 
require a three-fifths vote of the trustees to make said location ; and, 
provided further, that said location shall be made on or before the 
fifteenth day of October, 1870; provided, further, that any person act- 
ing as a trustee, who shall accept or receive, directly or indirectly, 
any sum or amounts from any person or persons, to use their influence 
in favor of the location of said college at any particular point or place, 
shall be held to be guilty of a misdemeanor, and on conviction thereof 
by any court of competent jurisdiction, shall be fined in any sum not 
less than one thousand nor more than ten thousand dollars ; provided, 
further, that in the location of said college the said trustees shall not 
in any event incur any debt or obligation exceeding forty thousand 
dollars ; and if, in their opinion, the interests of the college cannot be 
best promoted without a larger expenditure for the location than that 
sum, then they may delay the permanent location of the same until 
the third of Monday of January, "1871, and report their proceedings 
and conclusions to the general assembly ; provided, further, that said 
college shall not be located until there are secured thereto for such 
location, donations in money, or unincumbered lands, at their cash 
valuation, whereon the college is to be located, or in both money and 
such lands, a sum equal to at least one hundred thousand dollars. 
(67 V. 120.) 

(4105-19) Sec, I. [Acceptance of ceded lands.] The unsurveyed 
and unsold lands ceded to the state of Ohio by a certain act of con- 
gress of the United States, approved February 18, 1871, situate and 
being in the Virginia Military district between the great Scioto and 
the Little Miami rivers in said state, be and the same are hereby 
accepted by the state of Ohio, subject to the provisions of said act. 
(70 V. 107.) 

(4105-20) Sec. 2. [Compensation for damages to lands may be 
demanded, etc.] The trustees of the Ohio agricultural and mechan- 
ical college are hereby authorized to demand from all persons who 
have destroyed or converted any timber growing upon the lands 
ceded to the state of Ohio, as stated in the act to which this is sup- 
plementary, since the date of said act of Congress ceding said lands 
to the state of Ohio, full compensation for the timber so destroyed 



OHIO SCHOOL LAWS. 165 



Colleges and Universities. Ch. 14. 



or converted, and for all damages, and if payment shall be refused, 
to institute proper proceedings in the name of said Ohio Agricultural 
and Mechanical College, in any court of competent jurisdiction, to re- 
cover the same with damages and costs of suit; provided, that the 
provisions of this section shall not apply to timber taken from the 
one hundred and sixty acres by any person who shall obtain the title 
to the same under section three of this act. (70 v. 107.) 

(4105-21) Sec. 3. [Title of lands invested in trustees of agricul- 
tural college, etc.] The title of said lands is hereby vested in the 
trustees of the Ohio Agricultural and Mechanical College for the 
benefit of said college ; and said trustees are hereby required to cause 
a complete survey of said lands to be immediately made, and a cor- 
rect plat thereof to be returned to said trustees, and to ascertain 
and set off, in reasonably compact form, by accurate boundaries to 
each occupant who was in actual possession of and living upon any 
of said lands at the time of the passage of said act of Congress, as 
provided therein, or their heirs and assigns, a tract not exceeding 
forty acres ; and upon the payment, by the claimant, of the cost of 
surveying and making the deed, the said trustees shall make and 
deliver to said claimant a deed for said tract ; and if any such occu- 
pant shall have been in such actual possession of more than forty 
acres, and is desirous of holding the same, he shall be entitled to have 
in addition to said forty acres, any number of acres not exceeding, 
with said forty acres, the number of one hundred and sixty acres, to 
be in reasonably compact form, by paying for the said excess over 
forty acres, the sum of one dollar per acre ; and if any claimant under 
the provisions of this act shall desire to purchase any tract of land 
adjoining said forty acres, not exceeding, including said forty acres, 
the amount of one hundred and sixty acres, of which said claimant 
shall have been in actual possession, but does not desire to purchase 
the sa'me at one dollar per acre, said trustees, upon notice by said 
claimant, shall cause said tract or part of tract to be sold separate 
from other tracts of land at a valuation fixed upon by the appraisers 
named in this act, payable one-third at the date of the survey, and 
the residue in two equal annual installments, with interest at six per 
cent., payable annually, and upon full payment being made with the 
cost of survey and conveyance, said trustee shall make and deliver to 
such claimant, his or her heirs or assigns, a deed for said excess 
over said forty acres ; provided, that any person claiming the benefit 
of the provisions of this section as occupant, shall comply in all re- 
spects with, and be subject to the provisions of the thirteenth section 
of the act of Congress, approved September 4, 1841, entitled an act 
to appropriate the proceeds of the sales of the public lands and to 



166 OHlO SCHOOL LaW§. 



Ch. 14. Colleges and Universities. 



grant pre-emption rights, and to the rules and regulations of the gen- 
eral land office of the United States relating to proof for the' establish- 
ment of pre-emptor's claims ; provided, however, that the affidavit re- 
quired by said thirteenth section of said act of Congress may be 
made before any justice of the peace or other officer authorized to 
administer oaths. (70 v. 107.) 

(4105-22) Sec, 4, [Division of unsold lands into tracts, etc.; 
tracts to be numbered and appraised.] All the unsurveyed and un- 
sold lands in said military district, not occupied as aforesaid, shall be 
divided by said trustees into such tracts, not exceeding five hundred 
acres in any one boundary, as will be most advantageous, reference 
being had to the quality of said lands and the uses to which they 
will be applied ; the boundaries to all such tracts and divisions shall 
be accurately surveyed, and the lines of each tract plainly marked, 
and substantial stone monuments firmly placed at the principal cor- 
ners. The character of the soil, water courses, elevation of hills, tim- 
ber, ledges, or stratas of the Waverly building stone, iron ore, fire 
clay, and limestone, shall be fully noted by the surveyors on their 
plats and in their field books. All the tracts so divided and surveyed 
shall be numbered in consecutive order, commencing with the tracts 
in Adams county, and so continuing until all said lands in said dis- 
trict shall be platted and numbered ; which number shall be shown 
upon the plats, and the said plats shall correctly indicate all township 
lines. The said lands, when so divided, surveyed and numbered, 
shall be appraised in separate tracts at their true value in money, 
by three qualified freehold residents in said state, to be summoned 
by said trustees, or any committee of theirs. Said appraisers before 
entering upon their duties, shall take and subscribe an oath before 
competent authority honestly and impartially to appraise all such 
lands, and to perform all other duties in relation thereto ; they shall 
each be paid two dollars a day for their services, and their expenses 
allowed them ; they shall make due return of all their appraisements 
to said trustees, which, with all said plats and surveys, shall be de- 
livered by them to the auditor of state, and the same shall be recorded 
in the office of said auditor in suitable books to be provided for such 
purpose ; which, with all such original plats, surveys, and papers, 
shall form a part of the public records of the state in the land de- 
partment of said office. (70 v. 107.) 

(4105-23) Sec. 5. [To be sold at private or public sale; con- 
tracts of sale to be recorded, etc.] And the said trustees are hereby 
authorized and required to sell all of said lands at public or private 
sale, at a price not less than the appraised value thereof, on such 
terms for cash and credit as may be agreed upon between the pur- 



OHIO SCHOOL LaW^, l&l 



Colleges and Universities. Ch. 14. 



chaser and said trustees, or any authorized agent of theirs ; provided, 
that the first payment shall, in every case, be not less than one-third 
of the appraised value of such tract ; all deferred payments shall bear 
six per cent, interest, to be paid annually, and said trustees may, in 
their discretion, extend subsequent annual payments through a period 
not exceeding five years. All public sales of said lands shall be by 
auction, at the front door of the court house of the county in which 
these lands so offered lie, after having been advertised five consecutive 
weeks in a newspaper published and generally circulated in such 
county ; such notices of sale shall contain a sufficient description of 
the premises to clearly identify the same, with a statement of the 
terms of payment and the amount of appraisement, and all such pub- 
lic sales shall be made at such times as said trustees shall deem ex- 
pedient ; and in case such land or any tract thereof shall not sell for 
the amount of the appraisement at such public sale, then upon the 
same being again offered as aforesaid at public sale, the same may 
be sold for any sum not less than three-fourths of the appraisement ; 
provided, that no trustee of said college or appraiser of said land 
shall be the purchaser of any of said lands at any such sale or sales, 
either directly or indirectly. The said trustees shall cause all contracts 
for the sale of said lands to be printed or written in a book or books, 
stating the consideration and terms of all sales, which said contracts 
shall be signed in duplicate by the said trustees or any authorized 
agent of theirs, and by the purchaser or purchasers, one copy of 
which shall be preserved in said book, and the other shall be de- 
livered to the purchaser at the time the same shall be signed ; and 
every purchaser shall execute his promissory note or notes, with in- 
terest, payable as aforesaid, for all deferred payments, which notes 
shall be non-negotiable, and payable to said college at such place or 
places as may be directed by said trustees ; and upon full payment 
being made by the purchaser, his heirs or assigns, for any such land, 
every such person shall be entitled to receive a conveyance therefor 
in fee simple by deed of said trustees, executed by the president of 
the board, under the corporate seal of said college ; and all lands dis- 
posed of under the provisions of this act, shall be returned by said 
trustees to the auditor of the counties in which they are situate, and 
by them be placed on the duplicate for taxation. (70 v. 107.) 

(4105-24.) [Trustees of Ohio State University .may erect resi- 
dences for faculty.] The proceeds of the sales of such lands, or so 
much thereof as may be necessary, after the payment out of the same 
of all the necessary expenses of survey and sale remaining uncertified 
into the treasury of said state, may be used by said trustees in 
building and maintaining upon the lands of said university a suitable 



168 OHIO SCHOOL LAWS. 



Ch. 14. . Colleges and Universities. 



number of houses, adapted to use as family residences, for the use 
of members of the faculty of said university, for which use a fair 
and reasonable rent shall be paid to said university. Said buildings 
shall be erected imder the provisions of title six of the Revised 
Statutes of Ohio ; and the said trustees shall annually report to the gov- 
ernor a detailed statement of receipts and disbursements in the ex- 
ecution of. the trusts under the provisions of this act. (1882, April 
17; 79 V. 144; Rev. Stat. 1880; 70 v. 107.) 

(4105-25) Sec. 7. [Acts repealed.] The act entitled an act to 
sell lands ceded to the state of Ohio by the Congress of the United 
States by act of Congress, approved February 18, 1871, passed 
March 26, 1872, and the act supplementary thereto and amendatory 
thereof, passed April 29, 1872, be and they are hereby repealed ; pro- 
vided, that the passage of this act shall in no wise afifect the validity 
of the transactions of said board of trustees, or rights vested in any. 
person, under the provisions of said acts ; and this act shall take 
effect and be in force from and after its passage. (70 v. 107.) 

(4105-26) Sec. I. [Ohio State University; establishment of a 
school of mines ; course of study ; apparatus, etc.] The trustees of 
the Ohio State University be and they are hereby required to estab- 
lish in said university, a school of mines and mine engineering, in 
which shall be provided the means for studying scientifically and 
experimentally the survey, opening, ventilation, care and working of 
mines ; and said school shall be provided with a collection of draw- 
ings, illustrating the manner of opening, working, and ventilating 
mines, and with the necessary instruments for surveying, measuring 
air, examining and testing the noxious and poisonous gases of mines, 
and also with the models of the most improved machinery for ven- 
tilating and operating all the various [kinds] of mines with safety 
to the lives and health of those engaged. Said school shall also be 
provided with complete mining laboratories for the analysis of coals, 
ores, fire clays and other minerals, and with all the necessary appa- 
ratus for testing the various coals, ores, fire clays, oils, gases, and 
other minerals. (1888, April 4; 85 v. 155; Rev. Stat. 1880; 74 v. 216.) 

(4105-27) Sec. 2. [Employment and duties of instructors; cabi- 
net of specimens to be kept.] Said trustees shall employ compe- 
tent persons to give instruction in the most improved and success- 
ful methods of opening, [and operating] siirveying and inspecting 
mines, including the methods and machinery employed for extract- 
ing coal, ore, fire clay, oil, gas and other minerals from the pit's 
mouth and for facilitating the ascent and descent of workmen, the 
draining and freeing of mines from water, the causes of the vitiation 
of air, the quantities of fresh air required under various circumstances. 



OHIO SCHOOL LAWS. 169 



Colleges and Universities. Ch. 14. 

natural ventilation, mechanical ventilation by flues and fans, and other 
ventilating machinery, the use of air engines, air compressors and coal 
cutting machinery; also instruction in the various uses of coals, ores, 
fire clays, oils, gases and other minerals, and the methods of test- 
ing, analyzing and assaying such minerals ; also the methods em- 
ployed in metallurgical and other processes in the reduction of ores 
and in determining the qualities of metals, particularly iron and 
steel, as shown by practical and laboratory tests ; and there shall 
be kept in a cabinet properly arranged for ready reference and ex- 
amination, suitably connected with said school of mines samples of 
the specimens from the various mines in the state, which may be 
sent for analysis, together with the names of the mines and their 
localities in the comities from which they were sent, and the analysis 
and a statement of their properties attached (it shall also be his duty 
to furnisli analysis of all minerals found in the state and sent to him 
for that purpose by residents of this state). (1888, April 4 ; 85 v. 155; 
Rev. Stat. 1880; 74 v. 216.) 

(4105-28) Sec. 3. [Appropriation.] There is hereby appro- 
priated out of the general revenue fund the sum of three thous- 
and five hundred dollars to be expended in the equipment, support 
and maintenance of said school of mines as provided for in the first 
and second sections of this act. (1888, April 4; 85 v. 155; Rev. Stat. 
1880; 74 V. 216.) 

(4105-29) Sec. I. [Support of Ohio State University law school.] 
The board of trustees of the Ohio State University are hereby author- 
ized and empowered to appropriate annually, for the period of ten 
years, to the support and maintenance of the school of law of the Ohio 
State University, out of the fund derived under section 3951 of the 
Revised Statutes of Ohid, amended March 20, 1891 (88 O. L., 159), 
a sum not exceeding five thousand dollars, in addition to the sum 
derived from the tuition fees of the students in said school of law. 
(90 V. 253.) 

(4105-30) Sec. I. [Ohio State University department of ceram- 
ics.] The trustees of the Ohio State University be and they are 
hereby required to establish in said university a department of ceram- 
ics, equipped and designed for the technical education of clay, 
cement and glass workers, in all branches of the art which exist 
in this state, or which can be profitably introduced and maintained 
in this state from the mineral resources thereof, including the manu- 
facture of earthenwares, stonewares, yellowwares, whitewares, china, 
porcelain and ornamental pottery, also the manufacture of sewer 
pipe, fireproof ing, terracotta, sanitary clay wares, electric conduits 
and specialties, firebricks and all refractory materials, glazed and 



170 OHIO SCHOOL LAWS'. 



Ch. 14. Colleges and Universities. 



enameled bricks, pressed bricks, vitrified paving material, as well 
as the most economic methods in the production of the coarser forms 
of bricks used for building purposes ; also the manufacture of tiles 
used for paving, flooring, decorative wall-paneling, roofing and drain- 
ing purposes, also the manufacture of cement, concrete, artificial 
stone and all kinds of glass products and all other clay industries 
represented in our limits. (91 v. 164.) 

(4105-31) Sec. 2. [Special instruction.] Said department shall 
ofifer special instruction to clay workers on the origin, composition, 
properties and testing of clays, the selection of materials for differ- 
ent purposes, the mechanical and chemical preparation of clays, the 
laws of burning- clays, the theory and practice of the formation of 
clay bodies, slips and glazes, and the laws which control the for- 
mation and fusion of silicates. (91 v. 164.) 

(4105-32) Sec. 3. [Laboratory.] Said department shall be pro- 
vided with an efficient laboratory designed especially for the practical 
instruction of clay workers in the list of subjects enumerated in the 
second section of this act, and also equipped to investigate into the 
various troubles and defects incident to every form of clay working, 
which cannot be understood or avoided except by use of such scien- 
tific investigation. Said laboratory shall be equipped with apparatus 
for chemical analysis, with furnaces • and kilns for pyrometric and 
practical trials, with such machinery for the grinding, washing and 
preparation of clays for manufacture as is consistent with the char- 
acter of the department. (91 v. 164.) 

(4105-33) Sec. 4. [Expert.] Said trustees shall employ to con- 
duct this department of ceramics a competent expert, who shall unite 
to the necessary education and scientific requirements, a thorough 
practical knowledge of clay working, and not less than two years' 
actual experience in some branch of the art. It shall be his duty to 
teach the theoretical part of the subject and to conduct the laboratory 
for the instruction of students, and also to prosecute such scientific 
investigation into the technology of the various clay industries as may 
be practicable, and from time to time to publish the' results of his 
investigations in such form that they will be accessible to the clay 
workers of the state for the advancement of the art. (91" v. 164.) 

(4105-34) Sec. 5. [Appropriations.] There shall be hereafter 
appropriated out of the general revenues of the state the sum of 
five thousand dollars, to be expended^ in the Organization, equipment 
and maintenance of said department, as provided for in the first four 
sections of this act, for the current 'year, and there shall be appro- 
j)riated from the same fund the sum of two thousand five hundred 
dollars annually for two years for the salary, supplies and all other 
expenses of maintenance of said department. (91 v. 164.) 



OHIO SCHOOL LAWS. 171 



Colleges and Universities. Ch. 14. 

(4105-35) Sec. 2. [Written analysis to be furnished by professor 
of chemistry at agricultural college.] It shall be the duty of the 
professor occupying the chair in the chemical and mechanical depart- 
ment of the Ohio agricultural and mechanical college, upon appli- 
cation, to make and give a written analysis of such artificial fertil- 
izers as may be furnished to him for that purpose. (75 v. 91.) 

(4105-37) Sec. I. [To be known as "The Ohio State Univer- 
sity."] The educational institution heretofore designated as the Ohio 
Agricultural and Mechanical College shall be known and designated 
hereafter as "The Ohio State University." (75 v. 126.) 

(4105-37) Sec. 2. [To be governed by board of seven trustees; 
how and by whom appointed.] The government of said university 
shall be vested in a board of seven trustees, who shall be appointed 
by the governor of the state, with the advice and consent of the 
senate ; but no trustee, or his relation by blood or marriage, shall 
be eligible to any professorship or position in the university, the 
compensation for which is payable out of the state treasury, or said 
college fund. (75 v. 126.) 

(4105-38) Sec. 3. [Their terms of office; to be paid their ex- 
penses while engaged in the discharge of duties.] The members of 
said board of trustees and their successors shall hold their offices 
for the term of seven years each ; provided, that the trustees first 
appointed under the provisions of this act shall hold their terms for one, 
two, three, four, five, six, and seven years, respectively, to be fixed 
by the governor in their commissions. In case a vacancy shall occur 
from death or other cause, the appointment shall be for the unexpired 
term. The trustees shall not receive any compensation for their 
services, but they shall be paid their reasonable and necessary ex- 
penses while engaged in the discharge of their official duties. (75 v. 
126.) 

(4105-39) Sec. 4. [Powers and duties of board.] The board of 
trustees shall have power, and it is made their duty, to collect, or 
cause to be collected, specimens of the various cereals, fruits, and 
other vegetable products, and to have experiments made in their re- 
production upon the lands of the university, and to make report of 
the same, from year to year, together with such other facts as may 
tend to advance the interests of agriculture. (75 v. 126.) 

(4105-40) Sec. 5. [Collections of specimens.] The board of 
trustees shall have power, and it is hereby made their duty to secure 
and keep in the said university a collection of specimens in miner- 
alogy, geology, zoology, botany, and other specimens pertaining to 
natural history and the sciences ; and it shall be the duty of the pres- 
ident of the university to collect and deposit in the said university, 



172 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Universities. 



in such manner as shall be directed by the trustees, a full and com- 
plete set of specimens as collected by him and his assistants, together 
with a brief description of the character of the same, and where ob- 
tained; and the said specimens shall be properly classified and kept 
for the benefit of said university. (75 v. 126.) 

(4105-41) Sec. 6. [Meetings of board of trustees.] The first 
meeting of the members of the board shall be called by the governor, 
as soon after the appointment of said board as convenient, to be held 
at said university, in Columbus, Ohio. All succeeding meetings 
shall be called in such manner, and at such times as the board may 
prescribe. The said board shall meet at least three times annually, 
and at such other times as they may think necessary for the best inter- 
ests of the said university. A majority of the board of trustees present 
at any meeting shall constitute a quorum to do business ; provided, 
a majority of all the board shall be required to elect or remove a 
president or professor. (75 v. 126.) 

(4105-42) Sec. 7. [Annual report of trustees; fiscal year; print- 
ing and distribution of report,] The board of trustees shall cause to 
be made on or before the first of October of each year a report to the 
governor of the condition of said university ; the amount of receipts 
and disbursements, and for what the disbursements were made ; the 
number of professors, officers, teachers, and other employes and the 
position and compensation of each ; the number of students in the 
several departments and classes, and the course of instruction pur- 
sued in each ; also an estimate of the expenses for the ensuing year ; 
a statement showing the progress of the university, recording any 
improvements and experiments made, with their costs and the results, 
and such other matters as may be supposed useful. Said annual re- 
port shall be for the year ending June 30, and the said Ohio State 
University is hereby exempted from the provisions of section 172, 
Revised Statutes of Ohio. There shall be printed under the pro- 
vision of section 58 of the Revised Statutes of Ohio, as amended May 
I, 1891 (O. L. V. 88, p. 498), five thousand copies of the said annual 
report, to be distributed by the trustees in such manner as they shall 
deem best for the interest of said university. The president of said 
university shall transmit by mail one copy to the secretary of the 
interior, one copy to the secretary of agriculture, and one copy to 
each of the colleges which are, or may be endowed under the pro- 
visions of the act of congress of July 2, 1862. (90 v. 292 ; 75 v. 126.) 

(4105-43) Sec. 8. [Funds from the sale of land script to form 
part of irreducible debt ; and interest of same paid to university.] 
All funds derived from the sale of land script issued to the state 
of Ohio by the United States, in pursuance of the aforesaid act of 



OHIO SCHOOL LAWS. 173 



Colleges and Universities. Ch. 14. 

congress, together with the interest accumulated thereon, shall con- 
stitute a part of the irreducible debt of this state, the interest upon 
which, as provided by the act of February lo, 1870 (O. L., vol. 67, 
p. 15), shall be paid to the university by the auditor of state, upon the 
requisition of the commissioners of the sinking fund, issued on the 
certificate of the secretary of the board of trustees, that the same 
has been appropriated by said trustees to the endowment, support, 
and maintenance of the university, as provided in the act of congress 
aforesaid. (75 v. 126.) 

(4105-44) Sec. 9. [Compensation of president, professors, teach- 
ers, etc. J That said board of trustees shall fix the compensation 
for the president, professors, teachers and all other employes of the 
university ; provided, that the compensation for the services of the 
professors shall not exceed twenty-five hundred dollars each per 
annum. (91 v. 74; 75 v. 126.) 

(4105-45) Sec. 10. [Branches prescribed at Ohio State Univer- 
sity.] It shall be the duty of the board of trustees, in connection with 
the faculty of the university, to provide for the teaching of such 
branches of learning as are related to agriculture and the mechanic 
arts, mines, and mine engineering, and military tactics, and such other 
scientific and classic studies as the resources of the fund will permit. 
(1880, April 15; 'j'j V. 227; Rev. Stat., 75 v. 126.) 

(4105-46) Sec. I. [Computation and mvestment of interest.] 
The auditor of state be and is required to compute the interest which 
has accrued and will accrue on the agricultural college scrip fund since 
the same has been sold, to July first, one thousand eight hundred and 
seventy, compounding the same by semi-annual rests on the first day of 
January and the first day of July in each year; and on the fifteenth day 
of June eighteen hundred and seventy to transfer the sum so arising 
to the said college fund, and invest the same in the interest-bearing 
bonds of the state, in the same manner as the principal of the said 
fund is now invested. (67 v. 15.) 

(4105-47) Sec. 2. [How interest invested.] That on the first day 
of July, eighteen hundred and seventy, and every six months there- 
after (viz : on the first day of January and July, respectively) the 
auditor of state shall invest the interest of said funds falling due in 
the same manner as the principal now invested. (67 v. 15.) 

(4105-48) Sec. I. [Trustees of Ohio State University authorized 
to make deeds.] As soon as the board of trustees of the Ohio State 
University accepts the provisions hereinafter made, it is hereby author- 
ized and required to execute and deliver upon demand, a deed of con- 
veyance to the parties in possession under claim of title of any unpat- 
ented survey or part thereof, in said Virginia Military District; pro- 



174 



OHIO SCHOOL LAWS. 



Gh. 14. Colleges and Universities. 



vided, however, that all applicants for such deed must furnish said 
trustees with a certified copy of the deed under which they claim, and 
if required, a certified copy of the unpatented survey in which their 
lands are situate, as the necessary evidence to satisfy the board that 
the same has never been patented, but has been occupied and improved 
by the said parties in possession or those under whom they claim title, 
for more than twenty-one years. Provided, also, that each applicant 
shall pay the board of trustees the sum of two dollars, as the cost of 
preparing- and executing such deed. (86 v. 92.) 

(4105-49) Sec. 2. [Duty of auditor of state.] The auditor of 
state shall add the sum of one dollar per acre, reckoned by the num- 
ber of acres of land in each actual survey for all conveyances so made 
to that part of the irreducible debt of the state, which forms the en- 
dowment of said Ohio State University ; provided, that in cases where 
suit has been brought for the recovery of said lands, persons demand- 
ing deeds of release, shall pay all court costs of such suits. (86 v. 92.) 

(4105-50) Sec. I. [Relief of persons who wrongfully paid for 
lands in Virginia Military District; duty of auditor of state.] All per- 
sons who were in possession of lands in the Virginia Military District 
under claim of title of an unpatented survey or part thereof, said lands 
having been occupied and improved by said persons in possession or 
those under whom they claim title for more than twenty-one years and 
were compelled by suit, or the fear thereof, to pay the Ohio State Uni- 
versity for said lands, are hereby authorized to present a statement of 
the amount of money so paid by them, together with all the facts re- 
lating to the land held by them and their title thereto, to a board com- 
posed of the secretary of state, auditor of state and attorney general, 
who are hereby authorized and empowered to examine such statements 
and call for and examine such other testimony as they see fit, and if 
upon such examination said board are satisfied that said persons are 
justly entitled to relief as those persons were who have obtained relief 
under the provisions of the aforesaid act, then said board shall deter- 
mine how much said party has wrongfully paid and issue an order to 
the auditor of state directing him to draw his warrant on the treasurer 
of state for the said amount in behalf of the person filing said state- 
ment ; provided, that where such claims have been heretofore as (or) 
shall hereafter be allowed by said board, the auditor of state shall add 
the amount thereof to that part of the irreducible debt of the state 
which constitutes the endowment fund of said Ohio State University. 
(91 V. 375; 90 V. 221.) 

(4105-51) Sec. 2. [Appropriation,] That there be and is hereby 
appropriated, out of any money in the state treasury accredited to the 
fund of the Ohio State University, the sum of twelve hundred and 
ninety-six dollars to pay said warrants. (90 v. 221.) 



OHIO SCHOOL LAWS. 175 



Colleges and Universities. Ch. 14. 

(4105-52) Sec. 3. [Costs of obtaining evidence.] That persons 
filing such statements shall pay all the costs incurred in obtaining evi- 
dence. (90 V. 221.) 

(4105-53) Sec. 4. [Report to general assembly.] Said board 
shall report all its proceedings to the general assembly. (90 v. 221.) 

WILBERFORCE UNIVERSITY 

(4105-54) Sec. I. [Normal and industrial department at Wilber- 
force University.] There shall be established and maintained at Wil- 
berfore University, in Greene county, Ohio, a combined normal and 
industrial department. (84 v. 127.) 

(4105-55) Sec. 2. [Board of trustees; appointment by governor, 
etc.] To carry out the purposes of this act, there shall be and hereby 
is created a board of nine trustees to be known as "the board of trus- 
tees of the combined normal and industrial department at Wilberforce 
University," five shall be appointed by the governor by and with the 
consent of the senate, and three shall be chosen by the board of trustees 
of said university. The president of the university shall be ex-officio 
a member of said board. The trustees so to be appointed by the gover- 
nor, as aforesaid, shall be appointed, on or before the first day of May, 
1896, and they shall hold their office respectively as follows : One for 
one year, two for two years, and two for four years the term of such 
to begin to run from July first, 1896; said term shall be designated by 
the governor in his message of appointment to the senate and in the 
commission issued to said trustees. At the session of the senate next 
preceding the expiration of the term of any trustee, the governor shall 
appoint his successor for the term of four years ; and every appoint- 
ment of the governor under this act shall be submitted to the senate 
for confirmation. (92 v. 275; 89 v. 368; 87 v. 215; 84 v. 127.) 

(4105-56) Sec. 3. [Choosing of trustees by university board.] 
The three trustees to be chosen as aforesaid by the board of trustees of 
said university shall be chosen at the first regular meeting of said 
board in June, 1892, after the passage of this act; and the three so 
choSen at such meeting, shall hold their offices, respectively, as follows : 
One for one year, one for two years, and one for three years, and the 
term of each to begin to run from the third Thursday in June, 1892. 
In anticipation of the expiration of the term of any trustee so chosen, 
the said university board shall, annually thereafter at its regular 
meeting choose his successor, who shall hold his office for (the) term 
of three years. (89 v. 368 ; 84 v. 127.) 

(4105-57) Sec. 4. [Vacancies.] In case a vacancy in that por- 
tion of the board so appointed by the governor or chosen by the uni- 
versity board shall occur from death, resignation, or other cause, the 



176 



OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Universities. 



appointment or selection to fill such vacancy shall be made in the one 
case by the governor, and in the other by the executive board of said 
university for the unexpired term. (84 v. 127.) 

(4105-58) Sec. 5. [Names of trustees chosen by university board 
to be certified to governor.] It shall be the duty of the secretary 
of the said university, immediately upon choice being made by the 
university board of three trustees as aforesaid, to certify to the 
governor, under the seal of said university, the names of the per- 
sons so chosen as trustees under this act, with their terms, respec- 
tively ; and also the name of the person chosen by said executive 
board at any time to fill a vacancy. (84 v. 127.) 

(4105-59) Sec. 6. [Meetings of trustees; their expenses.] The 

board of trustees created under this act shall meet in regular ses- 
sion at said university twice a year ; the first meeting shall be on 
the third Thursday in June, and the second on the first Thursday 
in November of each year; but other meetings may be held at such 
places and times as a majority of the board may determine. The 
said trustees shall receive no compensation, but shall be reimbursed 
their traveling and other reasonable and necessary expenses out of 
appropriations under this act. (89 v. 368; 84 v. 127.) 

(4105-60) Sec. 7. [Powers and duties of trustees.] It shall be the 
duty of said board of trustees created under this act to take, keep and 
maintain exclusive authority, directions, supervision and control over 
the operations and conduct of said normal and industrial department, 
so as to assure for it the best attainable results with the aid hereby 
secured to it from the state. Said board shall determine the branches 
of industry to be pursued, purchase, through a suitable and disinterest- 
ed agent, the necessary means and appliances, select a superintendent 
for the industrial branch of the department, fix his salary and prescribe 
his duties and authority. The expenditures of all moneys appropriated 
under this act for carrying out its purposes and provisions, shall be 
made only under such regulations and for such specific purposes not 
herein provided for, as the board of trustees of said department shall 
establish ; but no money hereby appropriated by the state shall be 
used at any time for any purpose not in direct furtherance and pro- 
motion of the objects of the department. (84 v. 127.) 

(4105-61) Sec. 8. [Non-sectarian character of department.] No 
sectarian influence, direction or interference in the management or 
conduct of the affairs or education of said department shall be per- 
mitted by its board; but its benefits shall be open to all applicants 
of good moral character and within the limitations of age determined 
by said board. (84 v, 127.) 



OHIO SCHOOL LAWS. 177 



Colleges and Universities. Ch. 14. 

(4105-62) Sec. g. [Payment to university of state appropria- 
tions ; bond of treasurer.] Upon the certiiicate of the board of trustees 
of said department that the necessary steps have been taken by the 
board of trustees of said university to co-operate with the department 
trustees in carrying out the purposes of this act by granting the use 
of its buildings, grounds and educational facilities, there shall be 
paid to the treasurer of said department, semi-annually, one-half 
of such amounts as may be annually appropriated by the general 
assembly for the purposes therein named. The treasurer of said 
department shall give to the state of Ohio a bond to be approved 
by the attorney general in the sum of twenty thousand dollars, con- 
ditioned that he shall faithfully discharge his duties and account for 
any money coming into his hands from the state of Ohio. (92 v. 275 ; 
84 v. 127.) 

(4105-63) Sec. 10. [Annual report, and estimate of appropria- 
tions.] The board of trustees shall cause to be made on or before 
the first day of December, eighteen hundred and eighty-eight, (and) 
each year thereafter, a report to the governor of the condition, prog- 
ress and results of said department, with an estimate of what appro- 
priation shall be required to secure the objects of this act. (84 v. 127.) 

(4105-64) Sec. II. [Designation of pupils by members of general 
assembly.] Each senator and representative of the general assembly 
of the state of Ohio may designate one or more youth resident of 
his district who shall be entitled to attend the said normal and in- 
dustrial department free of tuition. (92 v. 275 ; 84 v. 127.) 

(4105-65) Sec. 12. [Appropriations; application of revenues.] 
For the purpose of carrying out the provisions of this act there shall 
be levied annually a tax on the grand list of taxable property of the 
state, which shall be collected in the same manner as other state 
taxes, and the proceeds of which shall constitute "the fund of the com- 
bined normal and industrial department at Wilberforce university." 
The rate of such levy shall be designated by the general 
assembly at least once in two years, and if the general assembly 
shall fail to designate the rate for any year, the same shall be 
for the said fund of the "combined normal and industrial 
department of Wilberforce university" two-hundredth's of one 
mill upon each dollar valuation of such taxable property 
for the year 1900 and one-hundredth of one mill thereafter. 
The same shall be paid to the treasurer of the normal and in- 
dustrial department at Wilberforce university in accordance with the 
provisions of section twelve of said act. All revenue arising from 
tuitions, sales of products or otherwise under the aforesaid department 
shall be applied by its board of trustees to defray its expenses, or to 

12-s. L. 



178 



OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Universities. 



increase its efficiency; a strict account of which shall be kept by the depart- 
ment board, and accompany the report to the governor. (94 v. 598; 
92 V. 156; 84 V. 127.) 

(4105-66) Sec. I. [Additional appropriations for Wilberforce 
University.] There is hereby appropriated out of any moneys in 
the treasury to the credit of the general revenue fund not otherwise 
appropriated, for combined normal and industrial department at Wil- 
berforce University, two thousand dollars, the same being the bal- 
ance due said institution under the provisions of an act passed March 
19, 1887. And this amount shall be in full of all claims against the 
state by said university. (86 v. 392.) 



OHIO SCHOOL LAWS. 



179 



Schools specially endowed. 



Ch. 15. 



CHAPTER XV. 



SCHOOLS SPECIALLY ENDOWED. 



Section. 

4105-67. Courts of common pleas to ap- 
point trustees for schools spe- 
cially endowed; powers of trus- 
tees. 

4105-68. Filling vacancies. 
4105-69. Duties of trustees. 



Section. 

4105-70. Same; oath; bond. 

4105-71. Accounts to be rendered. 

4105-72. Visitors. 

4105-73. When to take effect. 



(4105-67) Sec. I. [Courts of common pleas to appoint trustees 
for schools specially endowed; powers,] iWhenever any person shall, 
by deed, devise, gift or otherwise, set apart any lands, moneys or 
effects, as an endowment of a school or academy, not previously es- 
tablished, and shall not provide for the management of such school 
or academy, the court of common pleas of the proper county shall 
appoint five trustees, who shall have the control and management 
of the property, moneys, and effects, so set apart, and of the school 
or academy thus endowed, and shall hold their offices for five years, 
and until their successors are elected and qualified ; but in making 
the first appointment the court shall appoint one trustee for one 
year, one for two years, one for three years, one for four years, and one 
for five years. The trustees shall be a body corporate, with perpetual 
succession, and by such name as may be ordered by the court making 
the first appointment ; may sue and be sued ; have a corporate seal 
and the same alter or change at pleasure, and may hold all kinds of 
estates, real and personal, and mixed, which they may acquire by pur- 
chase, donation, devise or otherwise. (53 v. 33 ; S. & C. 1383.) 

(4105-68) Sec. 2. [Filling vacancies; removal.] The said court 
shall annually appoint one trustee, to fill the vacancy then occurring; 
and at any other time fill vacancies that may occur from any cause, 
for the unexpired term ; said court shall also have power upon 
sufficient cause shown, reasonable notice of the time and place of 
hearing having been given to the party interested, remove any 
trustee, and may, until a hearing be had, suspend a trustee in the 
exercise of his office, (53 v. 33 ; S. & C, 1383.) 

(4105-69) Sec. 3. [Duties of trustees.] The trustees shall have 
power to establish, from time to time, rules and regulations for the 
management and safekeeping of the property, moneys, and effects, 
belonging to the trust, and the expenditure of the income thereof, and 
also for the management and government of the school or academy; 
which rules and regulations shall not be inconsistent with the terms 
of the deed, devise or gift, creating the endowment, or with the laws 



180 OHIO SCHOOL LAWS. 



Ch. 15. Schools specially endowed. 



of this state ; they shall not, at any time, or for any cause, incur any 
debt or liability, beyond the net income of the trust property, moneys, 
and effects, or use or appropriate the same, otherwise than to invest 
for the purpose of income, any part of the principal thereof, unless 
expressly authorized so to do by the terms of the deed, devise or gift, 
creating the endowment of trust. (53 v. 33 ; S. & C. 1383.) 

(4105-70) Sec. 4. [Same; oath; bond.] The trustees shall, im- 
mediately after their appointment, organize by appointing a presi- 
dent, secretary, and treasurer, from their own number, and shall sev- 
erally take and subscribe an oath to faithfully discharge the duties 
of trustees, and deposit the same with the county auditor. They shall, 
also, before taking possession of the property, moneys, or effects, 
constituting the endowment or trust, severally give bond, in such sum 
as the court may require, with two or more sufficient sureties, to be 
approved by a judge of said court, whose approval shall be endorsed 
on the bonds, conditioned for the faithful management of the prop- 
erty, moneys, and effects, intrusted to them and accountability there- 
for in such form as the court or judge may require; and the court 
may, from time to time, require additional bonds and surety, as may 
appear necessary for the preservation of the trust estate. The bonds 
required shall be payable to the state of Ohio, and deposited in the 
office of the county auditor for safe keeping. (53 v. 33 ; S. & C. 1383.) 

(4105-71) Sec. 5. [Accounts to be rendered.] The trustees shall, 
on the second Monday of September, in each year, and at such other 
times as the court may require, render a full and accurate account, 
statement, and exhibit, of the condition of the school or academy 
under their management, and the condition of the trust estate and 
funds ; and shall cause the same to be published in such form as the 
court may direct ; which account, statement, and exhibit, shall be 
sworn to by the president, secretary, and treasurer, or some two of 
them. (53 V. 33 ; S. & C. 1383.) 

(4105-72) Sec. 6. [Visitors.] The court of common pleas of 
the proper county shall, annually, at the first session after the second 
Monday in September, appoint three competent and disinterested per- 
sons, who shall have authority to visit any such school or academy 
and examine the same, together with the condition of the trust estate 
or endowment, and shall report thereon to the court making the ap- 
pointment. The court shall also authorize such other visitations 
and examinations as may appear to be necessary. (53 v. 33 ; S. & C. 

1383.) 

(4105-73) Sec. 7. [When to take effect.] This act shall apply to 
endowments heretofore created, as well as to those hereafter created, 
and shall take effect from and after its passage. (53 v. 33 ; S. & C. 
1383O 



OHIO SCHOOL LAWS. 



181 



Colleges and Institutions of Learnins;. 



Ch. 14. 



TITLE II. 



CHAPTER XIV. 



COLLEGES, AND INSTITUTIONS OF LEARNING. 



Section. 

3726. Certain corporations may appoint a 

faculty and confer degrees. 

3727. May hold donated property in trust. 

3728. Who constitute the faculty; its 

powers. 

3729. May teach mechanics and agricul- 

ture. 

3730. May change stock into scholar- 

ships. 

3731. Location may be changed, and 

how. 

3732. When and how college endowment 

fund diverted. 

3733. How vacancies in boards filled in 

certain cases. 

3734. Certain corporations may increase 

their property; bonds. 

3735. Statement to be made and filed- 

3736. How certain boards may be consti- 

tuted and governed. 

3737. Trustees to be divided into classes. 

3738. Term of office of trustees; how va- 

cancies filled. 

3739. When the board is to be enlarged. 

3740. When the number in a class is to 

be reduced. 

3741. A conference may become a patron 

by consent of other bodies. 

3742. Patronizing bodies may appoint 

visitors. 

3743. When the right of representation 

shall cease. 

3744. What action the board must first 

take. 

3745. Quorum; how constituted. 

3746. Certain corporations may have 

benefit of subsequent provisions. 

3747. Alumni may elect trustees and ap- 

point visitors. 
374S. Conduct of election. 

3749. Returns of election, and certificates. 

3750. Endowment fund corporation. 

3751. How certain boards may be con- 

stituted and governed. 

3751a. Increase in number of trustees of 
certain corporations. 

3751b. Incorporation of colleges under ec- 
clesiastical patronage; what ar- 
ticles shall contain. 

3751c. Existing corporations may avail 
themselves of provisions of act; 
how, 



Section. 

3752. Classes and election of trustees; 

president ex-officio member of 
board; term; vacancies; increase 
in board. 

3753. Assessments may be made against 

stockholders. 

3754. Meeting of stockholders, and no- 

tice thereof. 

3755. Meeting may fix amount of as- 

sessment. 

3756. How much may be assessed, and 

collection thereof. 

3757. The board of military academies; 

how constituted, etc. 

3758. Board of visitors; how constituted. 

3759. Duties of board of visitors. 

3760. How the term of office of trusteeis 

and directors may be fixed. 

3761. Certain corporations may change 

location. 

3762. Sale and distribution of the prop- 

erty of certain corporations. 
3762a. Certain colleges, whose articles of 
incorporation are not on file In 
the office of the secretary of 
state, may file same there and 
amend. 

3762f). Colleges may change name and 
purpose; when; procedure. 

3763. Under what restrictions medical 

colleges and teachers may re- 
ceive bodies for dissection; body 
to be deliverea to claimant; in- 
terment of body after examina- 
tion or dissection; notification to 
relatives; penalties. 

3764. Penalty for having unlawful pos- 

session of corpse. 

3765. (Repealed.) 

3766. (Repealed.) 

S'iC)l. Organic rules which may be pre- 
scribed in certain articles of in- 
corporation. 

3768. May add to the objects of the cor- 

poration; acceptance of statutory 
provisions. 

3768-1 Authorizing certain mechanics' in- 
stitutes to borrow money; liabil- 
ity of directors and trustees. 

3768-2. Directors not personally liable. 

3769. Accounts of receipts and disburse- 

ments. 

3770. Trustees ineligible to other office. 

3771. Attorney general may, by action, 

enforce duties of officers. 
3771a. How number of trustees of certain 
colleges increase^. 



182 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Institutions of Learning. 

Sec. 3726. [Certain corporations may appoint a faculty and con- 
fer degrees.] The trustees of a college, university, or other institu- 
tion of learning, incorporated for the purpose of promoting education, 
religion, morality, or the fine arts, which has acquired real or per- 
sonal property of the value of five thousand dollars, and which has 
filed in the office of the secretary of state a schedule of the kind and 
value of such property, verified by the oaths of the trustees, may ap- 
point a president, professors, and tutors, and any other necessary 
agents and officers, and fix the compensation of each, and may enact 
such by-laws, not inconsistent with the laws of this state or of the 
United States, for the government of the institution, and for con- 
ducting the affairs of the corporation, as they may deem necessary ; 
and may, on the recommendation of the faculty, confer all such de- 
grees and honors as are conferred by colleges and universities of the 
United States, and such others having reference to the course of study, 
and the accomplishments of the student, as they may deem proper. 
(50 V. 128, § I ; 51 V. 403, §§ 2, 3 ; S. & C. 266, 270.) 

Sec. 3727. [May hold donated property in trust.] Any univer- 
sity, college, or academy, or the trustees thereof, may hold in trust 
any property devised, bequeathed, or donated to such institution, upon 
any specific trust consistent with the objects of the corporation. (50 
V. 128, § 5 ; S. & C. 267.) 

Sec. 3728. [Who constitute the faculty; its powers.] The presi- 
dent and professors shall constitute the faculty of any incorporated 
literary college or university, and may enforce the rules and reg- 
ulations enacted by its trustees for the government and discipline of 
the students, and suspend and expel offenders, as may be deemed 
necessary. (50 v. 128,- § 6; S. & C. 267.) 

Sec. 3729. [May teach mechanics and agriculture.] Any incor- 
porated university, college, or academy may connect therewith, to be 
used as a part of its course of education, any mechanical shops and 
machinery, or lands for agricultural purposes not exceeding three hun- 
dred acres, to which may be attached all necessary buildings for carry- 
ing on the mechanical or agricultural operations of such institution. 
(50 V. 128, § 8; S. & C. 267.) 

Sec. 3730. [May change stock into scholarships.] Any company 
formed in pursuance of this title, or which now exists by virtue of 
any special act of incorporation, the property of which is held as 
stock, and not derived by donation, gift, devise, or gratuitous sub- 
scription, may change its capital stock into scholarships, when it 
becomes necessary for the purpose of carrying out the object for 
which it was formed, in the manner provided in section thirty-two 
hundred and sixty-two. (50 v. 128, §§ 9, 10; S. & C 268.) 



OHIO SCHOOL LAWS, 183 



Colleges and Institutions of Learning. Ch. 14. 

Sec. 3731. [Location may be changed and how,] A college, uni- 
versity, or Other institution of learning, now existing by virtue of any 
act of incorporation, or that ma}' hereafter become incorporated for 
any of the purposes specified in this chapter, may, if three-fourths of 
the trustees or directors thereof deem the same proper, or if the 
institution is owned in shares, or by stock subscribed or taken, by a 
vote of the holders of three-fourths of the stock or shares, change the 
location of such institution, convey its real estate, and transfer the 
effects thereof, and invest the same at the place to which such in- 
stitution may be removed ; but no removal shall be ordered, and no 
vote taken thereon, until after publication in the manner provided in 
the last section, in which notice shall be fully set forth the place to 
which it is proposed to remove such institution and, in case of removal, 
a copy of the proceedings of such meeting shall be filed with the 
secretary of state. (52 v. 'jy, § 12; S. & C. 268.) 

Sec. 3732. [When and how college endowment fund diverted.] 
The trustees of a corporation incorporated for the purpose of creating, 
holding, and managing a college endowment fund, the articles of incor- 
poration of which provide that the fund may be applied to any ob- 
ject not inconsistent with the purposes of education different from 
that particularly specified therein, may apply to the court of common 
pleas in the county where the corporation is located for permission 
to make such change, designating particularly the purposes to which 
it is proposed to apply the funds ; and the court, on being satisfied 
that such change is not inconsistent with the object of the original 
creation and institution of the fund, shall authorize and sanction the 
change. (51 v. 393, § 2 ; S. & C. 269.) 

Sec. 3733. [How vacancies in boards filled in certain cases.] 
Whenever there occurs a vacancy, in whole or in part, in the board of 
trustees of an incorporated college, seminary, or academy, by reason 
of an amendment of the charter in such corporation, or from any 
other cause, and there is no provision of law for filling such vacancy, 
the governor shall, within three months after receiving information 
thereof, appoint the recjuired number of trustees, one-third thereof 
to serve for one year, one-third to serve for two years, and one-third 
for three years. (75 v. 25, § 2.) 

Sec. 3734. [Certain corporations may increase their property; 
bonds.] A college, university, academy, seminary, or other institution 
devoted to the promotion of education, now existing by virtue of any 
special act of incorporation, or organized under the provisions of any 
law, whose property is derived and held by donation, gift, purchase, 
devise or gratuitous subscription, and the amount of which, or the in- 
come arising therefrom, is limited by such special act, or by the articles 



184 



OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Institutions of Learning. 

of association adopted by such institution, may receive, acquire, pos- 
sess and hold hereafter any amount of property, real, personal or 
mixed, which its board of directors or trustees shall deem it advisable 
for the institution to accept, and may, by its trustees, sell, dispose of 
and convey the same, but such property shall not be diverted from 
the express will of the donor, devisor or subscriber. The board of 
trustees of any such college, university, academy, seminary, or other 
institution devoted to the promotion of education, in anticipation of 
donations to be received and collections to be made, may, for the pur- 
pose of constructing, enlarging or adding to any college buildings 
or improvements, borrow such sum of money as they may determine 
necessary for such purpose, and may issue bonds therefor and secure 
the same by mortgage upon the property upon which such improve- 
ment is to be made, provided such property is not held by them under 
some specific trust. (90 v. 71 ; 53 v. 170, § i ; S. & C, 368.) 

Sec, 3735. [Statement to be made and filed.] Before any such 
institution shall be authorized to acquire and hold such additional 
property, the trustees thereof, at a regular meeting of their board, or 
at a special meeting called for that purpose, shall, from time to time, 
make and sign a statement specifying the amount of such additional 
property which they seek to acquire and hold, and shall set forth there- 
in the purposes to which it is to be devoted, which statements shall 
be entered at large upon the record book of the trustees and be filed 
in the office of the secretary of state. (90 v. ']2\ 53 v. 170, § 2 ; S. 
& C, 368.) 

Sec. 3736. [How certain boards may be constituted and gov- 
erned.] The board of trustees of any university or college hereto- 
fore incorporated, and now under the patronage of four or more 
conferences or other religious bodies of any religious denomination, 
may accept the provisions of this and the nine succeeding sections, 
by resolution adopted at any regular meeting of the board and en- 
tered upon the record of its proceedings ; and after such acceptance 
the board shall in all respects be organized, constituted, regulated, 
and perpetuated, pursuant to and under said provisions ; but no 
right acquired by any such board, or any such university or college 
under its charter, or any law of this state, shall in any way, be 
affected by said provisions. (65 v. 188, § i ; S. & S., 106.) 

Sec. 3737. [Trustees to be divided into classes.] At a meeting 
of such board held after a vacancy occurs therein it shall fill such 
vacancy, or if more than one vacancy has occurred, then one of them, 
by appointing the president of the university or college a trustee, 
and the president of such university or college shall, ex-officio, be a 
trustee perpetually thereafter; the board shall also, at such meeting. 



OHIO SCHOOL LAWS. 185 



Colleges and Institutions of Learning. Ch. 14. 

divide its number, excluding the said president, and including all 
vacancies except the one he is so appointed to fill, into classes, cor- 
responding in niumber to the number of conferences or other religious 
bodies at the time patronizing such university or college, such classes 
to have in each an equal number of trustees, as near as may be ; and 
the board shall assign one of such classes to each of the conferences 
or other religious bodies, and thereafter each may fill any and all 
vacancies in the class so assigned to it. (65 v. i88, § 2 ; S. & S., 106.) 

Sec. 3738. [Term of office of trustees; how vacancies filled.] 
When the classes of trustees are formed, as provided in the preceding 
section, the term of office of one of the trustees in each of the classes, 
to be selected by lot in open session of the board of trustees, shall ex- 
pire each year, and the persons thereafter elected as trustees shall act 
as such for a term of years equal in number to the number of trustees 
in any class, except as hereinafter provided ; but the term of oiBce of a 
trustee shall not expire during any meeting of the board which does 
not continue for more than two weeks ; and vacancies which occur 
in any class of trustees otherwise than by the expiration of term of 
olilice shall be filled only for the remainder of the term. (65 v. 188, 
§ 3; 70 V. 157, § i; S. & S., 107.) 

Sec. 3739. [When the board is to be enlarged.] If the number of 
the conferences or other religious bodies patronizing any such uni- 
versity or college, the board of trustees of which has been divided 
into classes as hereinbefore provided, be increased to not exceeding 
six, the board of trustees shall be enlarged to the extent of one ad- 
ditional class of trustees for each of such additional conferences or 
other religious bodies, such additional classes to have in each a number 
of trustees equal to the number in any one of the former classes ; and 
each of such additional conferences or other religious bodies may elect, 
as members of the board, the number in its class, one for one year, 
one for two years and one for three years, and so on to the extent 
of the number; and each of such additional conferences or other 
religious bodies may fill any vacancy in its class. And such board 
of trustees composed according to the foregoing provisions and the 
provisions of section thirty-seven hundred and forty-seven of this 
chapter, without regard to the number of members so composing it, 
may increase its own numbers by the election of trustees at large, 
not exceeding the number of conferences or other religious bodies 
co-operating with or patronizing such university or college, and may 
divide such trustees at large into classes, at its discretion. (89 v. 119; 
65 V. 188, § 4; S. & S., 107.) 

Sec. 3740. [When the number in a class is to be reduced.] If the 
number of such patronizing conferences or other religious bodies at 



186 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Institutions of Learning. 

any time exceeds six, the representation of eadi shall be reduced by 
lot, in open session of the board of trustees, to a class of three trus- 
tees, if they exceed that number, who shall thereafter be elected to 
serve as trustees for the term of six years, and in that case the term 
of office of one trustee in each class shall expire every second year. 
(65 V. 188, § 5;S. &S., 107.) 

Sec. 3741. [A conference may become a patron by consent of 
other bodies.] Any conference or other religious body, not patroniz- 
ing any particular university or college, may become such patroniz- 
ing conference or religious body, by and with the consent of the 
conferences or other religious bodies at the time patronizing such 
university or college. (65 v. 188, § 6; S. & S., 107.) 

Sec. 3742. [Patronizing bodies may appoint visitors.] Each con- 
ference or other religious body patronizing any particular university 
or college may, annually, appoint two visitors, and the board of 
trustees of a college or university may provide, at the time of its 
organization, by resolution adopted and entered on its records, for 
the appointment of two visitors by each conference or other religious 
body patronizing such college or university ; and such visitors shall 
attend the meetings of the board of trustees of such university or 
college, and, with the trustees, constitute a joint board for the ap- 
pointment and removal of all officers, professors, and instructors of 
the university or college. (73 v. 163, § 7; S. & S., 107.) 

Sec. 3743. [When the right of representation shall cease.] If a 
a conference or other religious body patronizing any university or 
college, and having a representation in its board of trustees, cease 
to exist, or cease to patronize such university or college, the right of 
such conference or other religious body to such representation shall 
cease, and its board of trustees shall be thereby and to that extent 
reduced in numbers. (65 v. 188, § 8; 73 v. 163; S. & S., 107.) 

Sec. 3744. [What action the board must first take.] Before a 
conference or other religious body not represented in the board of 
trustees of any universit}^ or college shall be entitled to be repre- 
sented therein, and before any conference or other religious body 
represented therein shall be deprived of such representation as pro- 
vided in the preceding section, the board shall declare, and cause to 
be entered in the record of its proceedings, that the conditions and 
contingencies hereinbefore provided for in that behalf have taken place. 
(65 V. 188, §9;S. &S., 107.) 

Sec. 3745. [Quorum; how constituted.] Eleven trustees shall 
constitute a quorum of the board of any such university or college, 
whatever the number of trustees constituting the board is or may be- 



OHIO SCHOOL LAWS, 187 



Colleges and Institutions of Learning. Ch. 14. 

come, if the number is more than twenty ; and if the number is twenty 
or less, a majority thereof shall constitute a quorum. (65 v. 188, § 10 ; 
S. & S., 108.) 

Sec. 3746. [Certain corporations may have benefit of subsequent 
provisions.] The board of trustees of any university or college which 
has accepted or hereafter accepts the provisions of the ten preceding 
sections, may accept the provisions of the three succeeding sections 
by resolution adopted at any regular meeting of the board, and entered 
upon the record of its proceedings, and thereafter the board, and the 
university or college, shall be subject to (the) provisions thereof. 
(69 V. 71, § I.) 

Sec. 3747. [Alumni may elect trustees and appoint visitors.] 
After such acceptance by the board of any university or college, the 
alumni thereof (composing the alumnal association thereof) may 
elect as members of the board of trustees of such college or univer- 
sity members of such alumnal association, in nulmbers equaling the 
numbers of the conferences co-operating with or patronizing such 
university or college, and may divide such alumnal trustees into 
classes, and perpetuate the same ; and such alumnal may, at the same 
time elect as visitors members of their association equaling in num- 
bers one-half of the numbers of the conferences or other religious 
bodies co-operating with or patronizing such university or college, 
and such visitors shall have the same powers and duties as visitors 
appointed by any conference or other religious body aforesaid ; pro- 
vided, that when women are members of the alumnal association 
so electing, they shall be eligible as visitors ; provided, further, that 
the board of trustees shall be judge of the validity of the elec- 
tion and the returns thereof, of trustees and visitors elected under this 
section. (89 v. 120; 81 v. 174; Rev. Stat. 1880; 69 v. 71, § 2 ; 76 v. 

87, § I-) 

Sec. 3748. [Conduct of elections.] The election of trustees and 
visitors by the alumni shall be by ballot, and held each year, beginning 
the year after such acceptance, on the secular day next before the day 
of commencement of such university or college, at such place in a build- 
ing on its grounds as may be designated by the president of the alum- 
nal association by written notice posted the day before the election in 
at least two public places on such grounds ; and the polls shall be open- 
ed at the hour named in said notice, which shall not be later than 
three o'clock p. m., and shall be kept open, for two hours thereafter. 
The election shall be conducted by three judges and two clerks, who 
shall be members of said association and be chosen by the members 
present at the place of voting at the time for opening the polls, and 
they shall certify to the board of trustees the result of such election. 



188 



OHIO SCHOOL LAWS, 



Ch. 14. Colleges and Institutions of Learning. 



with a list of the members voting thereat; each ballot shall contain 
the naimes of the persons voted for, the office which each is to fill and 
a designation of the term for which he is to serve. At such election 
all members of the alumnal association of such university or college 
shall be entitled to vote, and members not in attendance may exercise 
their right by sending ballots conformable to the foregoing provisions, 
with their names thereon endorsed, and addressed under seal to the 
president of such association. (89 v. 120; 69 v. 71, § 3.) 

Sec. 3749. [Returns of the election, and certificates.] After the 
polls are closed the result shall be ascertained and certified to by 
the judges and clerks, and the person or persons, not exceeding 
the number to be elected as trustees, having received the highest 
number of votes for trustee or trustees, shall be declared elected 
as trustee or trustees as designated on the ballot, and the two per- 
sons who receive the highest number of votes for visitors shall be 
declared elected, but their terms of office shall not begin until after 
the final adjournment of the regular meeting of the trustees for 
that year; if any two or more persons receive an equal number of 
votes for the same, office of trustee or visitor, one of them, as may 
be determined by lot by the judges, in the presence of all the electors 
who may wish to be present, shall be the trustee or visitor, and shall be 
so declared ; and duplicate certificates of election shall be signed by the 
judges and clerks, and delivered by them, one to each of the persons 
elected, and the other, with the poll books duly certified by the judges 
and clerks, to the secretary of the board of trustees of the university 
or college, the next day after the election, which certificate he shall 
enter of record in the book containing the proceedings of the board of 
trustees. (69 v. 71, § 3.) 

Sec. 3750. [Endowment fund corporations.] The trustees of 
a corporation incorporated for the purpose of creating a fund, the 
income of which is to be applied to the promotion of education, 
may receive subscriptions for membership in the corporation, and 
they, or a majority of them, by giving ten days' notice, by publi- 
cation in the county where the corporation is located, may call a 
meeting of members to adopt by-laws, and elect not more than nine 
directors; each member shall have a vote for every amount by 
him subscribed equal to that in the articles of incorporation speci- 
fied as necessary for membership, which may be cast in person or 
by proxy, but at no subsequent meeting may a member vote for or be 
eligible as a director who is in arrears to the corporation; and the 
trustees shall control the funds and disburse the income of the corpora- 
tion as may be provided by its by-laws. (69 v. 173, §§ i, 2, 3, 4, 5.) 

Sec. 3751 [How certain board may be constituteij and gov- 



OHIO SCHOOL LAWS. 189 



Colleges and Institutions of Learning. Ch. 14. 

erned.] The board of trustees of any university, college, or other 
institution of learning, incorporated, and acting under the patron- 
age of one annual conference or other religious body of any re- 
ligious denomination, may accept the provisions of this and the 
succeeding section, by resolution adopted at any meeting of the 
board, and entered upon the record or journal of its proceedings ; 
and after such acceptance the board shall be organized, constituted, 
regulated, and perpetuated as therein provided ; but no right ac- 
quired by any such board, university, or other institution of learn- 
ing, under its charter, o: any lav^ of this state, shall in any way be 
impaired or affected thereby. (69 v. 180, § i.) 

Sec. 37510. [Increase in number of trustees of certain corpora- 
tions.] The board of trustees of any university or college, hereto- 
fore incorporated, and now under the patronage of one annual con- 
ference or synod or other religious body of any religious denomina- 
tion, may increase the number of its trustees, not exceeding six; 
said additional trustees to be nominated by the collegiate alumni 
of such university or college from the collegiate alumni of three 
years' standing, for appointment or election by such patronizing con- 
ference or synod, under such regulations as may be prescribed by 
such board of trustees ; provided, that the board of trustees of such 
university or college shall so determine to increase the number of its 
trustees and adopt such regulations for their nomination, by resolution 
adopted at any regular meeting of such board, and duly entered on the 
record of its proceedings ; and, provided further, that such patronizing 
or governing conference or synod shall consent to such increase of 
said board of trustees and the rules and regulations for the nomination 
of the same. And after such board of trustees is so increased by the 
election of any additional trustees, not exceeding six, the board of 
trustees shall in all respects be organized, constituted, regulated and 
perpetuated pursuant to and under the provisions of the charter and 
said provisions ; but no rights acquired by any such board or any such 
university or college, under its charter or any law of this state, shall 
in any way be affected or impaired thereby. (91 v. 155.) 

Sec. 375 1 &. [Incorporation of colleges under ecclesiastical pat- 
ronage; what articles shall contain.] A corporation may be formed 
for the promotion of academic, collegiate or university education, 
imder religious influences, and is hereby authorized and empowered 
to set forth in its articles, or certificate of corporation, as a part 
of the same, the name of the religious sect, association or denomina- 
tion with which it proposes to be connected, and it is further author- 
ized and empowered to grant any ecclesiastical body of such re- 
ligious Beet, vassociation or denomination, whether the same be 



190 



OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Institutions of Learning. 

a conference, association, presbytery, synod, general assembly, con- 
vocation or otherwise, the right to appoint its trustees or directors, 
or any number thereof; and it is further authorized and empowered 
to set forth in its articles or certificate of corporation, such other 
rights as to the administration of the purpose for which it is organized, 
and not inconsistent with the laws of this state or of the United States, 
as said incorporation may desire to confer upon said ecclesiastical body 
of such religious sect, association or denomination and the said eccles- 
iastical body of such religious sect, association or denomination shall 
possess and exercise all rights and powers to set forth in said articles 
or certificate of corporation. (94 v. 331.) 

Sec. 3751C. [Existing corporations may avail themselves of pro- 
visions of act; how.] Any corporation formed for the promotion of 
academic, collegiate or university education, under religious influ- 
ences, which has been incorporated under the laws of this state, 
whether by special act of the legislature or otherwise, may avail 
itself of the provisions of the preceding section, as a part of its 
articles or certificate of incorporation, and may confer on any ecclesi- 
astical body of such religious sect, association or denomination, as 
it is now, or proposes to be connected with, whether the same be a 
conference, association, presbytery, synod, general assembly, convo- 
cation or otherwise, any or all the rights, powers or privileges pro- 
vided by the preceding section to be conferred on corporations here- 
after organized, and may accept the provisions of such preceding 
section by a vote of the majority of the trustees of such corporation 
at any regular meeting; and when so accepted, a copy of said ac- 
ceptance, certified by the secretary or clerk of its board of trustees or 
directors, shall be sent to the ecclesiastical body with which it is now 
or proposes to be connected ; if such ecclesiastical body agree to 
accept the powers proposed to be conferred upon it, it shall certify 
its approval upon such certified copy sent to it, and the same shall 
thereupon be filled in the office of the secretary of state; and, when 
so filed, the same shall become and be a part of the charter of said 
corporation ; and said ecclesiastical body of such religious sect, asso- 
ciation or denomination, whether the same be a conference, associa- 
tion, presbytery, synod, general assembly, convocation or otherwise, 
shall possess and exercise all the rights and powers so set forth in said 
articles or certificate of corporation. (94 v. 331.) 

Sec. 3752. [Classes and election of trustees; president ex-ofificio 
a member of the board; term; vacancies; increase in board.] After 
such acceptance the board shall certify the same to the patronizing 
conference or other religious body having the right to elect or ap- 
point trustees of such university or other institution of learning, at 



OHIO SCHOOL LAWS. 191 



Colleges and Institutions of Learning. Ch. 14. 

the next meeting of such conference or other religious body ; and 
thereafter the board shall consist of twenty-one trustees elected or 
appointed, and the president of such university or other institution 
of learning, who shall be ex-officio a member of the board ; such 
elected or appointed trustees shall be divided into three classes of 
seven members each. At the first election or appointment after such 
acceptance, one of such classes shall be elected or appointed for 
one year, one for two years and one for three years, and in all sub- 
sequent elections or appointments each of the classes of trustees 
shall be elected or appointed for three years, but no term of office 
of any such trustee shall expire during any meeting of the board 
which does not continue more than two weeks. Ten members of the 
board shall constitute a quorum, and all vacancies which occur in any 
class of trustees otherwise than by expiration of the term of office, shall 
be filled only for the remainder of the term; provided, that any such 
university or other institution of learning, having heretofore accepted 
the provisions of orignal sections 3751 and 3752, may increase its 
board of trustees by electing or appointing two additional members in 
each of the classes of trustees herein provided for. (1888, March 30; 
85 V. 140, 141 ; Rev. Stat. 1880; 69 v. 180, §§ 2, 3 ; 70 v. 157, § i.) 

Sec. 3753. [Assessments may be made against stockholders.] 
The proportion that each stockholder of any college, academy, uni- 
versity, seminary, or other institution for the promotion of educa- 
tion, shall be required to pay to meet the debts and liabilities of 
the corporation, may be determined and collected in the manner pro- 
vided by the three succeeding sections. (58 v. 20, § i ; S. & S. 108.) 

Sec. 3754. [Meeting of the stockholders, and notice thereof.] 
The trustees of any such corporation desiring to avail themselves 
of such provisions shall call a meeting of the stockholders for the 
purpose of determining what amount of the indebtedness of the cor- 
poration shall be paid by each stockholder ; and they shall give 
thirty days' notice to the stockholders, in writing, or by publication 
in some newspaper of general circulation in the county where the 
corporation is located, of the time, place, and purpose of the meet- 
ing, at which the trustees shall submit a detailed statement showing 
the assets and indebtedness of the corporation. (58 v. 20, §§ 2, 3 ; 
S. & S., 108.) 

Sec. 3755. [Meeting may fix amount of assessment.] A majority 
in interest of the stockholders present at such meeting may determine 
what amount of the indebtedness of the corporation shall be paid by 
each stockholder, and fix the time or times, and the mode, for the pay- 
ment of the amount of money assessed against each stockholder; but 
these provisions shall not interfere with or abridge the right of any 



192 



OHIO SCHOOL LAWS. 



Cli. 14. Colleges and Institutions of Learning, 

creditor of the corporation to institute any proceedings authorized 
by law to enforce the hability of stockholders. (58 v. 20, § 4; S. & S., 
108.) 

Sec. 3756. [How much may be assessed, and collection thereof.] 
The assessments shall be pro rata upon the stock subscribed or other- 
wise acquired by each stockholder, and in no case shall exceed the 
amount for which each stockholder is or may be liable by law; and a 
stockholder who fails to pay, as required by the assessment, the 
amount so assessed against him, shall be liable in a civil action, to 
be brought in the name of the corporation, for the recovery thereof, 
as in other cases of indebtedness. (58 v. 20, §§ 5, 6; S. & S. 108, 109.) 

Sec. 3757. [The board of military academies; how constituted, 
etc.] The academic board of an institution incorporated for military 
and polytechnical education shall consist of the superintendent of the 
institution, the commandant of cadets, and the professors, and may 
make and enforce rules and regulations for the government of cadets ; 
but such rules and regulations must be first submitted to and approved 
by the governor of the state. (64 v. 239, §§ i, 2; S. & S., 109.) 

Sec. 3758. [Board of visitors; how constituted.] The board of 
visitors of such institution shall consist of the governor who shall be 
ex-ofificio a member and the president of the board, of two other per- 
sons to be named by the governor, and such other persons as the 
superintendent of the institution may appoint. (64 v. 239, § 3 ; S. 
& S. no.) 

Sec. 3759. [Duties of board of visitors.] The board of visitors 
shall meet annually at the institution, on the first day of the annual 
commencement exercises, and examine into the condition of the 
classes, quarters, and commons, and the discipline, drill, records of 
standing in study, and conduct of the cadets, and shall report on 
same to the legislature at its next annual session; but the board of 
visitors, or any member thereof, may visit and inspect the institution 
at any time. (64 v. 239, § 4; S. & S. no.) 

Sec. 3760. [How the term of office of trustees and visitors may 
be fixed.] At a regular meeting for the election of directors or 
trustees of any college or other institution of learning, the authorized 
voters may determine, by vote, whether the election of directors or 
trustees shall be held annually, if the term of their election is for a 
longer period than one year, and also what proportion of the entire 
board shall be elected annually; at the first election held under the 
provisions of this section the voters shall designate upon their bal- 
lots who shall serve for one year, who for two years, and who for 
three years; and vacancies caused by expiration of term of office 
shall be filled by election annually thereafter. (70 v. 125, § i.) 



OHIO SCHOOL LAWS. 193 



Colleges and Institutions of Learning. Ch. 14. 

Sec. 3761. [Certain corporations may change location.] The 

trustees of colleges and other institutions of learning not endowed 
by voluntary contributions, which have been established under special 
acts of incorporation, and which by the provisions of such acts are 
located at particular places, may change the location thereof to such 
other places as they may deem proper, and erect and maintain acad- 
emies and other schools auxiliary thereto. (70 v. 248, §1.) 

Sec, 3762, [Sale and distribution of the property of certain cor- 
porations.] The trustees of any university, college, or other institu- 
tion of learning, incorporated by the authority of this state under 
special charter, owned in shal^es or stock subscribed or taken, may 
dispose of its property at public sale, upon such terms as to payment 
as the stockholders thereof, by a vote of three-fourths of the shares 
or stock of the institution, may direct, after giving public notice of 
the same, by publication, for six consecutive weeks in some news- 
paper published in the county where the institution is located, if one 
is published therein, and if not, then in some newspaper published 
in this state, and of general circulation in such county, which notice 
shall contain a full statement of the terms, time, and place of sale, 
and the action of the trustees as aforesaid; and the trustees may 
close up the corporate existence of such institution, and make an 
equitable division and distribution of the proceeds of the sale among 
all" the holders of shares or stock, after the payment of the just 
debts of the corporation. (67 v. 24, §1.) 

Sec. 3762a. [Certain colleges, whose articles of incorporation are 
not on file in the office of the secretary of state, may file same there and 
amend.] The trustees of any university, college or institution of 
learning, incorporated by the authority of this state, or under the gen- 
eral corporation laws thereof, owned in shares of stock subscribed 
and paid up in full, by a majority of the owners of such stock, for the 
sole purpose of promoting education, religion and morality, or the 
fine arts, exclusively among males or females, may, on the written 
petition of the owners of the majority of such stock filed before them, 
or on the vote of the owners of the majority of such shares of paid 
up stock at any general meeting of the stockholders called for such 
purpose, after thirty days' notice published in some newspaper pub- 
lished and of general circulation in the county, by the board of trus- 
tees, may change the name and enlarge the purposes and objects of any 
such university, college or institution, by amendments to its charter, 
approved by the owners of the majority of such stock for the change of 
the name and the enlargement of the purpose and object of such uni- 
versity, college or institution of learning, so that all the educational 
rights and privileges thereof may be bestowed in the co-equal and co- 

13-S. L. 



194 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Institutions of Learning. 

ordinate education of both sexes. -When such amendment is adopted 
and the original articles of incorporation of said corporation have not been 
filed and recorded in the office of the secretary of state, a copy of such 
amendment and copy of the original articles of incorporation of said cor- 
poration, with a certificate to each of them thereto affixed, signed by 
the president and secretary of said corporation, and sealed with the 
corporate seal, if any there be, stating the fact and date of the adop- 
tion of such amendment, and that such copy of said amendment, and 
that such copy of said original articles of incorporation of said cor- 
poration are and is a true copy of the originals, shall be recorded 
in the office of the secretary of state, and when so recorded, and not 
until then, said amendment shall become and be in law the sole 
articles of incorporation of said corporation ; and all the property, 
real and personal and the title thereunto, and all the rights and credits, 
shares of stock, and rights of stockholders, corporate franchises, and 
all endowment fund or funds, or gift or bequest, or legacies or mort- 
gage securities and promissory notes, and rights of every kind be- 
longing to, vested in or claimed, or possessed by the said original 
corporation, shall by said amendment pass to, be assigned and trans- 
ferred and vested in and held, enjoyed and exercised by the said cor- 
poration named, created and organized by said amendment for the 
promotion of all the objects and purposes of its creation and organi- 
zation. For recording such amendments and copies of such original 
articles of incorporation, and for furnishing a certified copy or copies 
thereof, the secretary of state shall receive a fee of twenty cents 
per hundred words, to be in no case less than five dollars. (1888, 
April 14 ; 85 v. 270.) 

Sec. 3762^. [Colleges may change name and purpose, when; pro- 
cedure; fees.] That the board of trustees of any university, college 
or institution of learning, incorporated by the authority of this state, 
or under the general corporation laws thereof, for the sole purposes of 
promoting education, religion and morality, or the fine arts, may, at any 
regular or special meeting of such board of trustees, called for such 
purpose, after thirty days' actual notice to each and all of such trus- 
tees, change the name and enlarge the purposes and objects of any 
such university, college or institution of learning, by amendment to 
its charter, approved by a majority of such board of trustees at such 
regular or special meeting, so called and so notified, for the change of 
such name and the enlargement of the purposes and objects of such 
university, college or institution of learning. When such amend- 
ment is so adopted by the board of trustees of any university, col- 
lege or institution of learning, already incorporated by the authority 
of this state, or under the general corporation laws thereof, a copy 



OHIO SCHOOL LAWS. 195 



Colleges and Institutions of Learning. Ch. 14. 

thereof, with a certificate thereto affixed, signed by the president 
and secretary of such board of trustees, and sealed witTi the corpor- 
ate seal, if any there be, stating the fact and date of such amend- 
ment, and that such copy is a true copy of the original amendment, 
shall be filed and recorded in the office of the secretary of state, and 
when so filed and recorded, and not until then, said amendment shall 
become and be in law an integral part of the articles of incorporation 
of said corporation, and all the property, real and personal, the title 
thereto, and all the rights and credits, corporate powers and fran- 
chises, and all endowment fund or funds, gifts and bequests, legacies, 
mortgage securities and promissory notes, and all powers, rights and 
privileges of every kind belonging to, vested in, claimed or pos- 
sessed by said original corporation shall, by said amendment, pass 
to, be assigned, transferred and vested in, and held, enjoyed and ex- 
ercised by the said corporation, named, created and organized by 
said amendment for the promotion of all the objects of its creation 
and organization. And said new corporation shall be liable for and 
perform all the lawful obligations, contracts and undertakings of 
said original corporation. For recording such amendment and fur- 
nishing a certified copy or copies thereof, the secretary of state shall 
receive a fee of twenty cents per hundred words, to be in no case 
less than five dollars. (87 v. 8.) 

Sec. 3763. [Restrictions under which medical colleges and teach- 
ers may receive bodies for dissection.] All superintendents of city 
hospitals, directors or superintendents of city or county infirmaries, 
directors or superintendents of work-houses, directors or superinten- 
dents of asylums for the insane, or other charitable institutions 
founded and supported in whole or in part at public expense, the 
directors or warden of the penitentiary, township trustees, sheriffs, 
or coroners, in possession of bodies not claimed or identified, or which 
must be buried at the expense of the county or township, shall, be- 
fore burial, hold such bodies not less than thirty-six hours and shall 
notify the professor of anatomy in any college which by its charter 
is empowered to teach anatomy, or the president of any county med- 
ical society of the fact that such bodies are being so held and shall, 
before or after burial, by such said superintendent, director, or other 
officer, on the written application of the professor of anatomy, the 
president of any county medical society, deliver to such said pro- 
fessor, or president, for the purpose of medical or surgical study or 
dissection, the body of any person who has died in either of said in- 
stitutions from any disease, not infectious, if such body has not been 
requested for interment by any person at his own expense ; 

[Body to be delivered to claimant.] If the body of any deceased 



196 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Institutions of Learning. 

person so delivered, be subsequently claimed, in writing, by any rel- 
ative or other person for private interment, at his own expense, it 
shall be given up to such claimant ; 

[Interment of body after examination or dissection.] After such 
bodies shall have been subjected to such medical or surgical examin- 
ation or dissection, the remains thereof shall be interred in some 
suitable place at the expense of the party or parties in whose keeping 
said corpse has been placed. 

[Notification to relatives of deceased person.] In all cases it 
shall be the duty of the officer having such body under his control 
to notify or cause to be notified, in writing, the relatives or friends 
of such deceased person; 

[Penalty for refusal to deliver body, or acceptance of consideration 
for same.] And any superintendent, coroner, or infirmary director, 
sheriff, or township trustee, failing or refusing to deliver such bodies 
when applied for, as herein provided, or who shall charge, receive, or 
accept money, or other' valuable consideration for the same, shall be 
fined in any sum not exceeding one hundred dollars, and not less than 
twenty-five dollars, or be imprisoned in the county jail not exceeding 
six months ; provided, however, that in no case shall the body of any 
such deceased person be delivered until twenty-four hours after death. 

[Body of stranger or traveler.] The bodies of strangers or trav- 
elers, who die in any of the institutions herein named, shall not be 
delivered for the purpose of dissection, except said stranger or trav- 
eler belong to that class commonly known as tramps ; and all bodies de- 
livered as herein provided shall be used for medical, surgical and 
anatomical study only, and within this state, 

[Unlawful to have unauthorized body in possession; penalty.] 
And the possession of the body of any deceased person for the above 
purposes, and not authorized under this section, shall be unlawful, 
and the detention of the body of any deceased person, claimed by 
relatives or friends for the interment at their expense, shall also be 
unlawful, and the person so detaining said body unlawfully, shall 
be fined in any sum not exceeding one hundred dollars, nor less than 
twenty-five dollars, or be imprisoned in the county jail not exceed- 
ing six months. (93 v. 84; 78 v. 33; Rev. Stat. 1880; ^y v. 25, § i.) 

Sec. 3764. [Penalty for having unlawful possession of corpse.] 
Any person, association, or company, having unlawful possession 
of the body of any deceased person shall be jointly and severally 
liable with any and all other persons, associations, and companies 
that had or have had unlawful possession of such corpse in any sum 
not less than five hundred dollars and not more than five thousand 
dollars, to be recovered at the suit of the personal representative 



OHIO SCHOOL LAWS. 197 



Colleges and Institutions of Learning. Ch. 14. 

of the deceased in any court of competent jurisdiction, for the benefit 
of the next of kin of deceased. 

Sees. 3765-3766. Repealed 1880, March 26; 'j^ v. 85. 

Sec. 3767. [Organic rules which may be prescribed in certain 
articles of incorporation.] An association incorporated for the pur- 
pose of receiving gifts, devises or trust funds to erect, establish, or 
maintain an academy in any department of fine arts or a gallery 
for the exhibition of paintings or sculpture or works of art, or a 
museum of natural or other curiosities, or specimens of art or nature 
promotive of knowledge, or a law or other library, or courses of 
lectures upon science, art, philosophy, natural history, or law, and 
to open the same to the public on reasonable terms, or an industrial 
training school, or a mechanics' institute for advancing the best 
interest (s) of mechanics, manufacturers and artisans, by the more 
general diffusion of useful knowledge in those classes of the com- 
munity, or homes for indigent and aged widows and unmarried wo- 
men and whose directors or trustees may be of either sex, may in its 
articles of incorporation prescribe the tenure of office of the trustees or 
directors, the mode of appointing or electing successors, the adminis- 
tration and management of the property, and trust and other funds of 
the corporation, and such other organic rules as may be deemed ex- 
pedient or acceptable to donors which shall be and remain the per- 
manent organic law of the corporation. (1887, February 21 ; 84 v. 
31 ; 83 V. 40; Rev. Stat. 1880; 75 v. 135; §§ i, 3.) 

Sec. 3768. [May add to the objects of the corporation; accept- 
ance of statutory provisions.] Such corporations may l)y certificate, 
duly acknowledged by the trustees or directors, and filed in the office 
of the secretary of state, add to the original objects and purposes 
of the corporation any of the several objects and purposes, mentioned 
in the preceding section which were not provided for by the articles 
of incorporation, and in any such corporation heretofore incorporated 
under the laws of the state may by certificate, reciting the organic 
rules adopted by such corporation as its permanent organic law, and 
duly acknowledged by the trustees or directors, and lodged in the 
office of the secretary of state, except the provisions of the preceding 
section. (1886, March 26; 83 v. 41 ; 75 v. 135, § 3.) 

(3768-1) Sec. I. [Authorizing certain mechanics' institutes to 
borrow money; liability of directors and trustees.] Any mechanics' 
institute, incorporated under the laws of this state prior to the year 
eighteen hundred and fifty-one, be and it is hereby authorized and 
empowered to borrow money, issue bonds or notes therefor, at no 
more than the legal rate of interest, and secure the same by mort- 
gage upon its real estate. (82 v. 118.) 



198 OHIO SCHOOL LAWS. 



Ch. 14. Colleges and Institutions of Learning. 

(3768-2) Sec. 2. [Directors not personally liable.] The direc- 
tors and trustees of such corporation shall not be personally liable 
for debts contracted by virtue of this act. (82 v. 118.) 

Sec. 3769. [Accounts and receipts of disbursements.] The offi- 
cers of the corporation charged or intrusted with the receipts and 
disbursements of its funds or property shall make and keep like accu- 
rate and detailed accounts of such funds, and the receipts and dis- 
bursements thereof, as are required to be kept by the fund commis- 
sioners of the state ; the trustees shall, on or before the third Mon- 
day in January of each year, file with the clerk of the court of com- 
mon pleas of the county in which the corporation is located an ab- 
stract of their account, which abstract shall correspond in date, 
amount, person to whom paid, and from whom received, and on what 
account, with the voucher taken or given on account of such receipts 
and disbursements ; they shall at the same time, annually, file in 
such clerk's office a report of the names of the donors, the kind, 
amount, or value of gifts of each, and a brief statement of the condi- 
tions and purposes of the gifts; and the filing of such abstract and 
report, and the supplying of any omission in either, may be enforced 
by order and attachment of the court of common pleas of the proper 
county, against the trustees, on motion of any respectable citizen. 

(75 V. i35> § 4-) 

Sec. 3770. [Trustees ineligible to other office.] No trustee shall 
be eligible to any office or agency of the corporation to which any 
salary or emoluments is attached, nor shall the trustees be allowed 
any salary, emoluments, perquisites, except the right of free ingress 
to the grounds, rooms, and buildings of the corporation. (75 v. 135, 

§ 5-) 

Sec. 3771. [Attorney general may, by action, enforce duties of 
officers.] On application to the attorney general of five citizens of the 
proper county, in writing, verified liy the oath or affirmation of one of 
them, setting forth specific charges against any of the fiscal or other 
agents or trustees of such corporation, involving a breach of trust or 
duty, he shall give notice thereof to the trustees or agents complained 
of, and inquire into the truth of such charges, and for this purpose he 
may receive affidavits, or enforce, by process from the court of com- 
mon pleas of Franklin county, the production of papers and the attend- 
ance of witnesses before him ; and if, on testimony or other evidence, 
he believes the charges, or any of them, to be true, he shall proceed, 
by action in that court, in the name of the state, against the delinquent 
trustee or trustees, fiscal agent or agents, and, on the hearing, the 
court may direct the performance of any duty, or the removal of all 
or any of the agents or trustees and decree such other and further 
relief as may be equitable. (75 v. 135, § 6.) 



OHIO SCHOOL LAWS. 199 



Colleges and Institutions of Learning. Ch. 14. 



Sec. 3771a. [How number of trustees of certain colleges in- 
creased.] The board of trustees of any university or college here- 
tofore incorporated, but not under the patronage of conferences or 
other ecclesiastical bodies of any religious denomination, as described 
in section 3736, may increase the number of such trustees to twenty- 
four, exclusive of the president, or a less number, and may divide 
said trustees into six classes, each class to serve six years, and one 
class to be chosen each year, for said term ; but one trustee of each 
class may be chosen by the votes of the alumni of such university 
or college, if the board of trustees shall so provide by by-law, in 
which case it shall also be the duty of the board of trustees to 
provide, by such by-laws, a method of nominating and electing such 
appointee of the alumni. The president of such university or college 
shall, ex-officio, be a trustee perpetually, and shall not be included in 
the classes going out in rotation. If it shall be necessary, in the first 
enlargement of the board of trustees, under this section, to distribute 
new members to the several classes, whose terms shall expire by rota- 
tion, the distribution may be made in such manner as the board may 
direct, so that no trustee shall be elected for a longer term than six 
years. (87 v. 188; 86 v. 341.) 



APPENDIX. 



rORtAS AND INSTRUCTIONS. 



I. NOTICE OF ELECTION. 

Notice is hereby given that an election for members of the board of education 
school district, county, Ohio, will be held on the day 



of November, 190—, at the usual voting places in said district. At said election 
there will be [state number of members to be elected and length of term.'] 

, Clerli of the Boar^ of Education. 

— '- , Ohio. 

, 190—. 

Note:— Notices must be published in a newspaper of general circulation in 
the district or posted in five public places in the district at least ten days before 
elections. All school elections, except those for director in township sub- 
districts, are conducted under the general election laws. 



II. NOTICE OF ELECTION IN SUB-DISTRICTS. 

Notice is hereby given to the qualified voters of sub-district No. , of 

township, county, Ohio, that the next annual school meeting for the elec- 
tion of a director in said district will be held at the school house in said 

sub-district on Monday, the day of April, 19—, beginning at o'clock 

p. m. [a. m.], and closing at o'clock p. m.[a. m.l 



Director. 



Note. — The above notice to be posted in three or more conspicuous places, at 
least six days prior to the election. Section 3921o. 

III. POLL BOOK 

Of the election held in sub-district No. ,in the township of , in the 

county of , and state of Ohio, on Monday, the day of April, in the 

year A. D. 19 — . 

A. B., Chairman, and C. D., Clerk, judges of said election, were severally 
sworn, as the law directs, previous to their entering on the duties of their i^e- 
spective offices. 



202 



OHIO SCHOOL LAWS. 



Forms and Instructions. 



Number and names of electors. 



No. 1 




2- 




3 




4 





Number and names of electors. 



No. 5 
6 

7 
8 



It is hereby certified that the number of electors who voted at this election 

• , Chairman. 

, Secretary. 

Judges. 
IV. TALLY SHEET 



in the 



Of the election held in sub-district No. , in the township of — 

county of , and state of Ohio, on Monday, the day of April, in the 

year A. D. 19 — , to elect a director for said sub-district. 



Names of Candidates. 


Tallies, showing number of votes 
given for each candidate. 


Total. 


5 


10 


15 20 


25 
















































\ 




































. . 































We hereby certify 



That 

That 

That 

And that 



received 
received 
received 



votes for director, 
votes for director, 
votes for director. 



was duly elected director for a term of one year. 

, Chairman. 

, Secretary. 

Judges. 



OHIO SCHOOL LAWS. 203 



Forms and Instructions. 



The poll book and tally sheet must be signed by the judges of election before 
they separate. No signing after such separation is valid. They must be delivered 
within eight days to the clerk of the board of education. 

V. MINUTES OF SUB-DISTRICT SCHOOL MEETING. 



Sub-District, No. 

-Township, County, Ohio. 

, 19- 



At a meeting of the qualified voters of said sub-district, held on the 

day of April, 19 — , was appointed secretary. 

Whereupon said voters proceeded to elect by ballot, a director of said sub- 
district for the term of one year, and upon inspection of the several ballots given 

at said election, it was found and publicly declared, that 

was duly elected for the term of one year. 

, Chairman. 

, Secretary. 



VI. APPOINTMENT OF SCHOOL DIRECTOR TO FILL VACANCY. 

This is to certify that has been appointed director 

of sub-district number , township, county, Ohio, to 

fill the vacancy caused by of said appointment to ex- 
tend until the next annual election as provided for in section 3921a. 

Ohio. 

, 190— 

Attest: , President. 

, Clerk. 

VII. OATH OF SCHOOL DIRECTOR. 

The following oath which may be administered by the clerk or any other 
member of the board of education, should be taken by each director before enter- 
ing upon the discharge of his duties. 

You, , do solemnly swear [or affirm] that you will support the 

constitution of the United States, and the constitution of the State of Ohio, and 
that you will faithfully and impartially discharge the duties of director, in and 
for said sub-district, number , township, county, Ohio, accord- 
ing to law and the best of your ability. 

See section 3921a. ■ 

VIII. DIFFERENT MODES OF ALTERING SUB-DISTRICTS. 

Resolved by the board of education of township, That there be trans- 
ferred and united with sub-district number , so much of sub-district number 

, as is bounded as follows: \_describe boundary. 1 

Resolved by the board of education of toivnship, That sub-district 

number is hereby abolished, and there is hereby transferred to and united 

with sub-district number , so much of the territory of said abolished sub- 
district as is bounded as follows: [describe boundary'], and so much of said abol- 
ished sub-district as is not herein united with sub-district number , is trans- 
ferred to and united with sub-district number . This resolution shall take 

effect on the day of , 19 — . 



204 OHIO SCHOOL LAWS. 



Forms and Instructions. 



Resolved by the board of education of township, That so mucli of 

sub-district number -- — , as is bounded as follows: [describe boundary'], be cut 

off from said sub-district, and that so much of sub-district number as is 

bounded as follows: [describe boundary], be cut off from said sub-district, and 
that the territory thus cut off from sub-districts numbers and , respec- 
tively, is hereby consolidated and formed into a new sub-district and designated 
sub-district number of township. 

Resolved by the board of education of totonship, That sub-districts 

numbers and are hereby abolished, and that the territory included in 

said sub-districts at the time of their abolishment is hereby consolidated and 

formed into a new sub-district, and designated sub-district number of 

township. This resolution shall tal^e effect on the day of , 19 — . 

Note. — When a new sub-district is formed the township board should ap- 
point a director as provided in section 3921«. 

IX. RESOLUTIONS ON BOND ISSUE. 
Resolved, By the board of education of school district, 



county, Ohio, That it is necessary for the proper accommodation of the schools 

of said district that [state nature of improvement], that it will require $ 

to make said improvement, that the funds at the disposal of said board or that 
can be raised under the pirovisions of section 3994 of the Revised Statutes of 
Ohio, are not sufficient to accomplish said purpose and that a bond issue is 
necessary, it is therefore further 

Resolved, That an election be held in said school district on the question 

of the issuing of bonds in the sum of % for the purpose herein specified, 

on the day of 190 — , and that the clerk of the board be 

directed to forward a copy of these resolutions to the deputy state supervisors of 
elections and request said supervisors to provide election supplies and conduct 
said election, and that the clerk be also directed to publish the notices of said 
election as provided by law. 

X. NOTICE OP ELECTION FOR BOND ISSUE*. 

Notice is hereby given by the board of education of school 

district, county, Ohio, that there will be an election held in said 

district at the usual voting place [places], between the hours of 5:30 a. m. and 

5:30 p. m., on the day of , 190 — , to consider the question 

of a bond issue in the sum of $ , for the purpose of [here state purpose] 

as provided in section 3991 of the Revised Statutes of Ohio. 

By order of the board of education. 



Clerk. 



Ohio. 



-190—. 

FORM OP BALLOT. 



1 


For Bond Issue in the Sum of $ 


— , Yes. 






IVn 1 


i 







OHIO SCHOOL LAWS. 205 



Forms and Instructions. 



All elections on school questions should be held under the supervision of the 
regular election officers and the ballots be made to conform to the provisions of 
the general election laws. 



XI. PETITION FOR SPECIAL SCHOOL DISTRICT. 

To the Probate Jtulge of County, Ohio: 

We, the undersigned petitioners, being male citizens and electors of a pro- 
posed special school district, respectfully request that a special school district be 
established from the territory herein described for the following reasons: 
\give reasons.} Said special school district to be bounded and described as fol- 
lows: IGive description in fulU. 

Respectfully submitted, 

, Ohio. 

, 190— 



Note: — The above petition must be signed by at least ten male electors 
and must be accompanied by a certificate from the county auditor giving the 
total tax valuation of the proposed district, an accurate map of the same and 
an undertaking with security for costs in the sum of $100. 



XII. NOTICE' OP SPECIAL MEETINGS. 

Notice is hereby given that there will be a meeting of the board of educa- 
tion of school district, county, Ohio, on the day of 

• , at ■ o'clock , at , to consider any business which 

may be considered necessary. 



-, Clerk. 



-, 19- 



Note: — A special meeting may be called by the president, clerk or two mem- 
bers of the board. 

XIII. TEACHER'S CONTRACT. 

An agreement entered into between , of , county, 

Ohio, and the board of education of school district in county, 

Ohio; the said hereby agrees to teach in the public schools of said 

district for a term of months, and also agrees to abide by and maintain 

the rules and regulations adopted by said board for the government of said 
schools of said school district. And in consideration of such services, the said 

board of education agrees to pay the said — the sum of dollars, 

payable monthly at the office of the treasuer of the board of education. 

Entered into this day of , 19 — . 

^ Teacher. 

, President. 

; Clerk. 

Any special provisions may easily be inserted. 



206 



OHIO SCHOOL LAWS. 



Forms and Instructions. 



XIV. ORDER ON THE TREASURER. 
(Form prescribed by Bureau of Inspection and Supervision of Public Offices.) 



No. ■ Office of Board of Education School District. 

? • , Oirio, 19 

THE TREASURER OF SAID SCHOOL DISTRICT 

Will Pay to 



DOLLARS. 



out of 



For 



Fund in the Treasury. 



By Order of the Board of Education. 
— President. Clerk. 



XV. ORDER ON TREASURER WHEN SCHOOL FUNDS ARE IN A 

DEPOSITORY. 

(Form prescribed by Bureau of Inspection and Supervision of Public Offices.) 



-School District. 

19 



No. Office of Board of Education 

$ ■ , Ohio, — 

THE TREASURER OF SAID SCHOOL DISTRICT 

Will Pay to 



DOLLARS. 



out of 



Fund in the Treasury. 



For 



By Order of the Board of Education. 

President. 



Clerk. 



Payable at 



Bank, 



, Ohio. 

-Treasurer. 



OHIO SCHOOL LAWS. 207 



Forms and Instructions. 



XVI. CERTIFICATE OF ANNUAL SCHOOL LEVY. 
(Form prescribed by Bureau of Inspection and Supervision of Public Offices.) 

To the Auditor of County: 

It is hereby certified by the Board of Education of 

School District, County, that the entire amount 

necessary to be levied upon the property of said school district for school pur- 
poses, during the next school year, as directed by Sec. 3958 R. S., is as follows: 



For Tuition Fund mills. 

For Building Fund mills. 

For Contingent Fund mills. 

For Bonds, Interest and Sinking Fund mills. 

For mills. 

By Obdee of the Boabd of Education. 



Clebk. 

.Ohio 19 



XVII. CERTIFICATE OF SCHOOL FUNDS IN TRE'ASURY. 

We hereby certify that, by a count, as required by law, of all the money, 

bonds and securities in the hands of , treasurer of school district 

county, Ohio, made this day of , 19 — , in the presence of the 

clerk of the board, we find dollars [and bonds, etc., in value amounting 

to dollars] of school funds to be in the treasury on the date above 

named, and we have directed the clerk to enter upon the records of the board 
a copiy of this report. 



Board {or committee.) 

Attest: , President. 

, Clerk. 

[See section 4043, Revised Statutes.] 

XVIII. TRANSFER OF TERRITORY. 
^ (Minutes of boards.) 

Resolved, That the following described territory be and the same is hereby 

transferred from school district, c<mnty, Ohio, to school 

district, county, Ohio, subject to the provisions of section 3894, Revised 

Statues of Ohio [give description.'] 

Resolved, That the clerk be instructed to notify the board of education of 

school district of county, Ohio, of the passage of this resolution, 

and upon similar action being taken by said board that said clerk file a cer- 
tified copy hereof with the county auditor, together with a correct map of the 
territory described. 

Note: — A majority of the full membership of the boards is necessary to 
carry such a resolution and a yea and nay vote is required. 



208 OHIO SCHOOL LAWS. 



Forms and Instructions. 



XIX. LEASE TO SCHOOL DISTRICT. 

Know all men by these presents: 

That , of the county of , and State of , for the con- 
sideration herein mentioned, does hereby lease unto the board of education of 

the township of , county and state aforesaid, its successors and assigns, 

the following premises, to-wit: [Here insert description'], with all the privileges 
and appurtenances thereunto belonging; to have and to hold the same for ajad 

during the term of years from the day of , 19 — . And the said 

board of education for itself and assigns, does covenant and agree to pay the 

said for the said premises, the annual rent of dollars. [Insert 

date and place of payment.] 

In witness whereof, the said parties hereunto set their hands, this 

day of , 19—. 

, Lessor. 



Signed, sealed, and acknowledged in, the ptresence of 



President of the Board. 
-, Clerk. 



State of Ohio, County, ss.: 

Before me, a in and for said county, personally appeared , 

grantor in the above instrument, and acknowledged the same to be volun- 
tary act and deed, for the uses and purposes therein mentioned. 

In testimony whereof, I have hereunto subscribed my name and affixed my 
seal, this day of , A. D. 19 — . 



(Title.) 
If the lease be for three years or more, it must be acknowledged, attested by 
two witnesses, and recorded. If for a less term, it need not be executed with 
these formalities. See section 4112. The consideration may be money or any- 
thing else, and the form varied accordingly. The above form is for a long lease. 



XX. OATH' OF CLERK OF BOARD OP EDUCATION. 

The State of Ohio, County. Township, ss.: 

Before me, , personally came , who, being daflly sworn 

according to law, says that he will support the constitution of the United States 
and the constitution of the state of Ohio; and that he will faithfully discharge 

his duties as clerk of the board of education of the school district 

in county, Ohio, during his term of office, and until his successor is 

chosen and qualified. 



of said Board. 

Sworn to before me and signed in my presence, on day of — -, A. 

D. 19—. 

CTitle.) 



OHIO SCHOOL LAWS. 209 



Forms and Instructions. 



XXI. CLERK'S BOND. 

The bonds required by law of all school officers must hereafter be given by a 
guaranty company. See section 3641c. 



XXII. FINAL RECEIPT OF CLERK. 



-, Ohio, , 19- 



Received of , late clerk of school distx'ict, the sum of 

dollars, the record book, account book, school laws, teachers' certificates and 
reports, and the other official books and papers in his hands. 

: , Clerk. 

See section 4054. 

XXIII. OATH OF TREASURER OF BOARD OF EDUCATION. 

The State of Ohio, County, ss.: 

Before me, , personally came , who being duly sworn, 

according to law, says that he will support the constitution of the United States, 
and the constitution of the state of Ohio; and that he will faithfully discharge 

his duties as treasurer of the board of education of the school district 

county, Ohio, during his continuance in said office, and until his suc- 
cessor is chosen and qualified. 



Sworn to before me and signed in my presence, on this day of 

19 , by the said . 



of said Board. 



XXIV. TREASURER'S BOND. 



The bonds required by law of all school officers must hereafter be given by a 
guaranty company. See section 3641c. 

XXV. FINAL RECEIPT OF TREASURER. 



$ . , Ohio, , 19—. 

Received of , late treasurer of school district — 

county, the sum of dollars, and the following securities, bonds, and 

other school property, to-wit: 

, Treasurer. 

XXVI. COMPLAINT IN REGARD TO SCHOOL FUNDS. 

To the State Commissioner of Common Schools: 

Sir: I respectfully submit the following state of facts as existing in 

school district, county, Ohio. 

(Statement of complaint containing one of the causes mentioned in section 
364, R. S.) 

In consideration of the above statement I respectfully request the appoint- 
ment of some competent accountant to investigate the condition of the school 
funds of said district. 

, Complair.unt 

1*"S. I/. " ■". 



210 OHIO SCHOOL LAWS. 



Forms and Instructions. 



State of Ohio, County, ss.: 

I, , , and •, do solemnly swear (affirm) 

that the statements made In the foregoing complaint are true to the best of my 
Imowledge and belief. 



Sworn to by , , and , and subscribed in 

my presence this day of , 19 — . 



(Title) 

I hereby certify that , , and , are 

freeholders and taxpayers, residents of school district. 



County Auditor. 
-, OTiio, , 19— 



COMPULSORY EDUCATION LAW. 



XXVII. NOTICE TO PARENT OR GUARDIAN. 

State of Ohio, County, ss.: 

To 

You are hereby notified that , a child between the ages of 

and years, under your charge, is not attending school, that such non- 
attendance is in direct violation of the law and without legal excuse. 

You are hereby required to cause said child to attend some recognized school 
within two days from the date of this notice, and you are warned that if the 
truancy of said child is persisted in the final consequences will be as provided 
by law, as indorsed hereon. 

Witness my hand this day of , 19. . 



Truant Officer. 

school district, county, Ohio. 

Print sections 4022-7 and 6986-7, R. S., on reverse side of form. 

XXVIII. NOTICE TO TRUANT. 

State of Ohio County, ss. : 

To , a child between the ages of and years. 

You are hereby notified that you are and will be required to attend some 
recognized school within two days from the date of this notice, and you are 
hereby warned that if this notice is not complied with the final consequences 
will be as provided by law as indorsed hereon. 

Witness my hand this day of , 19 . . 



Truant Officer. 

school district, county, Ohio. 

Print section 4022-8 in full on reverse side of form. 



OHIO SCHOOL LAWS. 



211 



Forms and Instructions. 



XXIX. NOTICE TO EMPLOYERS OF YOUTH. 

To [Here insert name of person, company or corporation] : 

Your attention is respectfully called to sections 4022-2, 4022-3, 4022-5 and 
4022-11, 6986-7, R. S., to compel the elementary education of children. 

In compliance with the provisions of this act, you are requested to return to 
me on this blank the names, ages, and add residences of all minors under four- 
teen years of age employed by you, also all minors between fourteen and six- 
teen years of age, and to state whether you have a certificate from the superin- 
tendent of schools, or clerk of the board of education that authorizes you to 
employ such minors. 



Clerk of Board of Education. 



Names of Minors. 



Age. 



Residence. 



Certificate — Yes or No. 



In cities this notice may be sigaed by the superintendent of schools. 

This certificate must be kept on file until the youth reaches the age of six- 
teen years and must be accessible to the Truant Oflicer and the Inspector of 
Factories at all times. 



XXX. AGE AND SCHOOLING CERTIFICATE. 



(For minors under sixteen years of age. Employed at Labor.) 

This certifies that I am the of and 

(Parent or guardian) (Name of child) 

that was born at in the county of , state of 

on the day of , 18 . . , and is now years months old. 



(Name of parent or guardian) 



212 OHIO SCHOOL LAWS. 



Forms and Instructions. 



The said ^ . having satisfactorily verified the fore- 

(Name of parent or guardian) 

going statement I hereby approve the above certificate of ; 

(Name of child) 
height feet inches; complexion ; hair ; having no sufficient 

reason to doubt that is of the age therein certified. 

I hereby certifiy that can read at sight and write legibly 

(Name of child) 
simple sentences in the English language. 

This certificate belongs to and is to be surrendered to 

(Name of child) 
whenever .... leaves the services of the person, company or corporation holding 

the same; but if not claimed by said child within thirty days from such time, 
it shall be returned to the superintendent of schools. 

Signature , 

, 190.. Supt. of Schoola^ 



OHIO SCHOOL LAWS. 



213 



Forms and Instructions, 



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214 



OHIO SCHOOL LAWS. 



Forms and Instructions. 



XXXII. TEACHER'S REPORT. 
(Section 4022-6.) 

, Ohio, , 19.. 

To the Cleric of the Board of Education of , County, Ohio. 

The following is a correct list of the pupils attending my school during 

the month ending , 19 . . 

• , Teacher. 



Names of pupils. 



Age. I 



Residence. 



OHIO SCHOOL LAWS. 215 



Index. 



INDEX. 



A 

Absence. 

Page. 
Excuse for, 4022-1 113 

Habitual truant, punishment, 40224-7-10 115, 116, 118 

Abstract. 

Enumeration, failure to transmit to county auditor, action taken, 4036 126 

Auditor of county to transmit to state commissioner of common 

schools, 4039 127 

Statistics, transmitted by county auditor to state commissioner of 

common schools, 4060 134 

Academy. (See College.) 

General provisions as to, 3726-3771o 182-199 

Military, how constituted, 3757 192 

Board of visitors for, 3758, 3759 192 

Report of to state commissioner of common schools, 363 11 

Account. 

Clerk of school districts, how kept, 4055 131 

Common school fund, 3954, 3955 43 

Educational institutions, accounts of officers, 3769 198 

School funds, account of by auditor of state, 3954, 3955 43 

Schools specially endowed, accounts of, 4105-71 180 

Treasurer of school funds, accounts of, 4055 131 

University of municipality, trust funds, 4101 158 

Accountant. 

Appointment of to investigate funds, 364 11 

Powers, duties and compensation, 365 , 12 

Account Books. 

Clerks and treasurers furnished by county auditor, 4055 131 

Advertisement. (See Notice.) 

Building school houses, bids for, 3988 61 

Age. 

Youth of school age, 4013, 4030 101, 125 

Alcoholic Drinks. (See Scientific Temperance Instruction.) 
Alumni. (See Colleges.) 

Election of trustees and visitors, by, 3747, 3749 187, 188 



216 OHIO SCHOOL LAWS. 



Index. 



Appeal. 

Page. . 
County commissioners, when board of education fails to provide 

proper school facilities, 3969 49 

Probate court, excuse of child from school, to, 4022-1 113 

Special districts, creation of, 3928, 3929 35, 36 

Transfer of territory, 3895, 3896 16, 17 

Appointment. (See Respective Titles of Boards, Officers, etc.) 
Apportionment. 

Ohio and Miami universities, funds for, 3951& 42 

Salt lands, interest on proceeds of sale of, 3952 42 

State school funds, by auditor of state, 3956 44 

When county line divides original surveyed township, 3957 44 

School funds, by county auditors, 3964, 3966 46, 47 

Annexation of territory to city or village, after, 3896 17 

Distribution of money after apportionment, 396'5 47 

Township to newly created special district, 3929 38 

Special district, after abandonment, 3929 36 

Transfer of territory, after, how made, 3896 17 

Village, surrender of corporate powers, after, 3889 15 

Appropriation. 

Cleveland public library, for, 4002-18 79 

Private property, of, for school purposes, 3990 62 

University of municipality, appropriation for, 4103 158 

Vote necessary for certain appropriations by board, 3982 .-. , 56 

Art Association or College. 

Accounts, 3760 192 

Attorney general to enforce trusts of, 3771 198 

Bequests, etc., may accept, 3727 182 

Objects, articles of incorporation may be extended to others, 3768.. 197 

Trustees ineligible to office in, 3770 198 

Articles of Incorporation. 

Educational institutions, certain, 3762a 193 

Fine art, law, etc., association, what may provide, 3767 197 

Supplement for colleges, 3768 197 

Assessment. 

Colleges, etc., amount, how fixed, 3755, 3756 191, 192 

Meeting for, 3754 191 

Stockholders, against, 3753 191 

Assignment of Youth. 

Board of education may, 4013 101 

Astronomical Observatory. 

University of municipality may establish, 4104 , 159 

Tax levy for, 4104 159 



OHIO SCHOOL LAWS. 217 



Index. 



Attendance. (See Compulsory Attendance.) 

Page. 

Compulsory education, requirements, 4022-1 113 

Night schools, at, 4012, 4012a 101 

One and one-half miles from school, privilege of pupils living, 4022a 112 

Non-residents, by agreement of boards of education, 4022 112 

Youth entitled to at school, free, 4013 101 

Attorney General. 

Educational institutions, duties as to, 3771 198 

Ohio State University board, legal advisor of, 4105-17 163 

Auditor. (See County Auditor.) 

Auditor of State. 

Apportionment of school funds, by, 3956 44 

Bequests to school funds, accounts of, 3955 43 

Ohio State University, duties as to, 4105-46, 4105-47, 4105-49, 4105-50.. 173,174 

Virginia military land, duties as to, 4105-48 173 

B 
Ballot. (See Election.) 

City districts divided into sub-districts, form of, 3970-10 525 

School elections, deposited in separate box, 3970-10 52 

Special districts, furnished by deputy supervisors, 3931 87 

Abandonment or continuance, form of, 3935 38 

Ballot Box. 

Separate, for school elections, 3970-10 52 

Special districts, in, 3931 37 

Bequests. 

Boards of education may accept, 3975 54 

Cleveland library board may accept, 4002-4 75 

College or university may hold in trust, 3727 182 

Common school fund, to, how applied, 3955 43 

Library boards in city and village districts, may accept, 4002-44 89 

Ohio State University, bequests to, 4105-15 163 

Toledo Library Board, may accept, 4002-31 ?4 

Bids, Bidders, Bidding. 

Bonds, bids for sale of may be received, 3992 62 

Depositories of school funds, competitive bidding for, 396S 48 

School houses, construction of, 3988 61 



Blanks. 



Board of education, report of, blanks for, 4058 133 

County auditor to distribute, 4058, 4060 133, 134 

Blank books, furnished by, 4055 131 

Form of prescribed by state commissioner. 359, 4070 10, 138 



218 OHIO SCHOOL LAWS. 



Index. 



Blanks — Concluded. 

Page. 

School youth, blanks for enumeration of, 4039 127 

Teachers' report of attendance under compulsory education law, 

4022-6 116 

Truant officer, blanks for, 4022-5 115 

Blind. 

School, attendance of blind person compulsory, 4022-10 118 

Board of Education. (See School Districts.) 

City School Districts, in 

Attached territory, duty in regard to, 3898 26 

Board of examiners in, to appoint, 4077 143 

Clerk, election of, 3897a 21 

Compensation of examiners, 4083 146 

Constituted how, board of education, 3897 19 

Deaf children, schools for authorized, 3901 27 

Director, election of authorized, 4017 103 

Meetings of, 3897a 21 

Members of, 3897 19 

Election of, qualifications, terms, 3897 19 

Organization of board, 3897a 21 

Physical training, instruction in, 4020-17 110 

President, election of, 3897a 21 

Redistricting of cities, 3897, 3900 19, 26 

Report, publication of, 4059 133 

Sub-districts, division into, 3897 19 

Superintendent, election, 4017a 105 

Teachers, appointment of, confirmed by, 4017a 105 

Teachers' institutes in, 4092 150 

May dismiss school to attend, 4091 150 

Clerk of. (See Clerk of Board of Education.) 

Special Districts. (See Special Districts.) 

Clerk, election of, 3933 38 

Constituted how, 3930 37 

Conveyance of pupils, may provide for, 3934 38 

Election of, 3930, 3931 37 

First election, 3932 37 

Members of, 3930 37 

Term of office, 3930 37 

Organization of board, 3933 38 

President, election of, 3933 '38 

Superintendent, election of, 4017a 105 

Teachers, election of, 4017a 105 

Township Districts. (See Township districts.) 

Attached territory, duty as to, 3916 30 

Centralization of the schools by, 3922 32 

Election on question of, 3927-2 33 



OHIO SCHOOL LAWS. 219 



Index. 



Board of Education — Continued. 

Page. 

Clerk, election, 3920 ^1 

Constituted how, 3915 30 

Election of, -3916 . 30 

Meetings of, 3920 31 

Members of, 3915 30 

Term of, 3915 30 

Organization of, 3920 31 

President, election of, 3920 31 

Sub-districts recognition of, 3921 31 

Boundaries of, how changed, 3921 31 

Superintendent, election of, 4017a 105 

Teachers, election of, 4017a 105 

Village Districts. (See Village Districts.) 

Attached territory, duty as to, 3910 28 

Clerk, election, 3911 29 

Constituted how, 3908 28 

Election of, 3908 28 

• In newly created village, 3909 28 

Members of, 3908 28 

Term of, 3908 28 

Organization of, 3911 29 

President, election of, 3911 29 

Superintendent, election of, 4017a 105 

Teachers, election, 4017a 105 

General Provisions. 

Absence of president and clerk, 3983 56 

Accommodation for all children, 4022-13 120 

Admission to schools of those not entitled by right to attend, 

4013 101 

Appiropriate private property, may, 3990 62 

Assignment of puplils to schools, 4013 101 

Attendance compulsory, 4022-1-4022-14 113-115 

Attestation of record of, 3984 57 

Bequests, acceptance and rules, 3975 54 

Boards of examiners, appointment of, 4077 143 

Compensation and expenses of, 4083 146 

Bond of treasurer, approval of, 4043 128 

Bonds issued by, for school house, 3991, 3992, 3993, 3994 62,63 

Centralization of township schools authorized, 3922, 3927-2 32, 33 

Children's home, school at, authorized, 4010 100 

City solicitor, is legal adviser of, 3977 55 

Shall not be a member of the board, 8977 55 

Commercial departments, may establish, 4020-18 110 

Compensation, none except, 3974 54 

Contingent fund, what constitutes, 3967 47 

County commissioners to levy, when, 3969 49 

Estimate for, to be made by board, 3958 45 

Levy, certificate of to county auditor, 3960 46 



220 OHIO SCHOOL LAWS. 



Index. 



Board of Education — Continued. 

Page. 

Contract of, no member shall have interest in, 3974 54 

Must be authorized by board, 3974 54 

What are valid, 3972 54 

"With teachers, what constitutes, 4017 103 

Contract for building, repairing, etc., how let, 3988 61 

Conveyances, how executed, 3971, 3974 53, 54 

Corporate powers of, 3971 53 

Deaf children, schools for in city districts, 3901 27 

Elections. (See elections.) 

Elementary schools, shall establish, 4007 94 

Etmployes of, term, 4017, 4017a 103, 105 

Entertainment in school houses, 3987-1 60 

Evening schools, 4012, 4012a 101 

Eiichange of real property by, 3971 53 

Exemption from taxes and execution, 3973 54 

Expulsion of pupils, vote necessary, 4014 102 

Female suffrage, 3970-12 53 

Flag, U. S., on school houses, 3986-1 57 

Forms relating to bonds 2(U-214 

Funds in hands of treasurer, duty of board as to, 4043 128 

i^'iee school books, 4026 121 

German language, teaching of, 4021 112 

High schools, board may establish, 4009, 4009-1, 4009-2, 4009-15 .97,98,99 

Infirmary, school at, 4010 100 

Intoxicating liquors, to cause instruction as to, 4020-23 — 4020-25 111, 112 

Kindergarten may be established, 4020-18 106 

Library. (See Library.) 

Manual training department, may establish, 4020-18 106 

ivieetings illegal, when, 3985 57 

Non-residents, admission of to schools, when, 4013, 4022 101-112 

Oath of members and officers, 3979 56 

Who may administer,. 3979 56 

Orphans' asylums, schools at, 4010 100 

Penalty on members for neglect of duty, 3969 49 

Process against, how served, 3976 55 

Property, title to, of boards, 3972 54 

Exempt from taxation and execution, 3973 54 

Prosecuting attorney, legal adviser of, 3977 55 

Quorum of, 3982 56 

Record of proceeding of, 3984 57 

Record of schools, kept by teachers and superintendents, 4059 . 133 

Relief of children, board authorized to afford, 4022-9 118 

Report by, made to county auditor, 4057 133 

Superintendents' and teachers' report to board, 4059 133 

Resolutions requiring yea and nay vote, 3982 56' 

Rules and regulations of, 3985 57 

Sale of property by, restrictions, 3971 53 

At private sale, when, 3971 53 

At public auction, 3971 58 

Schools, control and management of, to have, 40O7, 4017 94, 103 



OHIO SCHOOL LAWS. 221 



Index. 



Board of Education — Concluded. 

Page. 

Continued, must be, how long, 4007 94 

Employes, appointment, dismissal and salaries of, 4017, 

4017a 103, 105 

Sufficient number must be provided, 4007 94 

School houses, grounds, etc., to provide, 3987 60 

Contracts for, bidding and letting, 3988 61 

Use of for purposes other than educational, 3987-1 . . . : 60 

Scientific temperance instruction, duties as to, 4020-23-4020-25 . . Ill, 112 

Service of process on, 3976 55 

State commissioner of commoij schools to confer with, 357 .... 10 

Superintendent, appointment of, 4017, 4017c 103,105 

Surety of treasurer, additional may be required, 4043 128 

Suspension of pupils, 4014 102 

Taxation by. (See Tax.) 

Tax levy by board for school house, 3991-3994 62, 63 

Maximum levy, 3959 45 

School proplerty exempt from, 3973 54 

Teachers, employment and dismissal of, 4017, 4017o 103, 105 

Certificate, must have, 4074 141 

Order for pay of, when illegal, 4051 130 

Pension fund, may provide, 3897&-3897; 22-26 

Teachers' institutes, aid for, in cities, 4092 150 

Text books, adoption of, 4020-12—4020-14 108 

Free school books, 4026 121 

Publishers' failure to furnish, action by board, 4020-13 108 

Purchase and sale of by board, 4020-14 108 

Tie vote, decided by lot, 3970-10 52 

Title to what property, boards have, 3972 54 

Transfer of territory, by, 3894, 3895 16 

Treasurer of. (See Treasurer of Board of Education.) 

Truant officer, must employ, 4022-5 115 

Tuition, agreement between boards for payment of, 4022 112 

"One and one-half mile" law, 4022a , 112 

"Patterson Law," payment under, 4029-3 121 

U. S. Flag, display of, 3986-1 57 

Vacancies in, how filled, 3981 56 

Vaccination, may enforce rules, 3986 57 

Free, when, 3986 57 

Yea and nay vote, when required, 3982 56 

Board of Examiners. (See State Examiners, County Examiners, Cfty Examiners.) 
Board of Healtii. 

Vaccination, 3986' 57 

Board of Visitors. 

Alumni may appoint, 3747 187 

College of, 3742 186 

Compulsory education, duties as to, 4022-11 107 

Military academies, of, 3758, 3759 192 

Religious bodies may appoint, 3742 186 

Schools especially endowed, of, 4105-72 180 



222 OHIO SCHOOL LAWS. 



Index. 



Bonds. 

Cleveland library bonds, 4002-11, 4002-12 10^7 

Clerk of board of education of, 4050 130 

Clerk of city board of examiners, 4079 144 

Clerk of county board of examiners, 4076 142 

Compulsory education, parents must give, 4022-7 116 

Depository of school funds, required of, 3968 48 

Educational institutions may issue, 3734 183 

Forms of 201-214 

Ohio State University, treasurer of, 4105-14 163 

Sale of, 3992 62 

Money must go to funds for which bonds were issued, 3993 6'3 

Par, must be sold at, 3992 62 

School house, bonds for, 3991-3994 62,63 

Schools specially endowed, trustees of, 4105-70 180 

Sinking fund bonds, 3970-1-39704 50, 51 

State commissioner of common schools, of, 355 9 

Security for cost, petition for special district, 3928 35 

Teachers' institute committee, of, 4086 148 

Forfeiture of, 4089 149 

Toledo library building bonds, 4002-23, 4002-24 80,82 

Treasurer of board, 4043 128 

Wilberforce University, treasurer of, 4105-62 177 

Books. (See Text Books. Libraries.) 

Blank books, furnished by county auditor, 4055 131 

School fund, examination of books, 364, 366 11,13 

c • > 

Centralization. 

Board of education may centralize schools, 3922 32 

Must centralize, when, 3927-2 33 

Petition for. 3927-2 33 

Transportation of pupils, 3922, 3934 32,38 

Certificate. 

Branches of study enumerated, 4074 141 

City districts, examinations in, 4078 144 

Granting certificates in, 4081 145 

Revocation of certificates in, 4081 145 

County certificate, majority of board may grant, 4071 139 

Examination fee, 4071 139 

Grades of, different, 4073, 4074 140, 141 

Granting of, 4073 140 

Requirements necessary, 4073 140 

Revocation of, 4073 140 

Special, granting of, 4074 141 

Valid, where, 4073 140 

Scientific temperance, examination in required, 4020^24 Ill 

State certificates, issue of, 4066 136 

Effect of, where valid, 4067 137 

Examination fee, 4068 137 



OHIO SCHOOL LAWS. 223 



Index. 



Certificate — Concluded. 

Page. 

Revocation of, 4067 137 

Tax levy, certificate to county auditor of, 3960, 3963 46 

Teachers must have, 4074 141 

Filed with clerk, copy must be, 4051 130 

Transfer of territory, certificate of to county auditor, 3895 16 

Charter. 

Educational institutions, amendment of, etc., 3762a 193 

Children's Home. 

Children at, can attend schools, when, 4013 101 

Schools -at, 4010 100 

Christmas. 

Dismissal of schools on, 4015 102 

Cincinnati. 

Library, board of trustees, 3999 6'7 

Access to, by all residents of Hamilton county, 3999a 69 

Control of, by trustees, 3999& 69 

Fund heretofore raised, disposition of, 3999d 71 

Librarian and assistants, employment, 3999& 69 

Membership of board of trustees, 3999e 71 

Tax for library purposes, 3999c 69 

University of, 4095-4104 155, 159 

Cincinnati University. (See University of Cincinnati.) 

City Examiners. 

Appeal from, 4085 146 

Appointment, term, vacancies, 4077 143 

Compensation and expenses of, 4083 146 

Examinations, how conducted, 4078 144 

Expert, assistance of in difiicult branches, 4078 144 

Fees, disposition of, 4083 146 

Granting of certificates, 4081 145 

Revocation of, 4081 145 

Meetings of, 4080 144 

Membership, number, qualifications, 4077 143 

Organization of board, 4079 144 

Record, how kept, 4084 146 

Report of appointment, to state school commissioner, 4077 143 

Revocation of appointment, 4077 143 

Scientific temperance, examination, 4020-24 Ill 

City Districts. 

Advancement to, 3889 15 

Attached territory, assignment of, 3898 26 

Voting in, 3838 26 

Attendance in, compulsory, 4022-1 113 



224 OHIO SCHOOL LAWS. 



Index. 



Gity Districts — Concluded. 

Page. 

Board of education, election of, 3897 19 

Membership, 3897 19 

Meetings, 38y7a 21 

Organization, 3897a 21 

Term of members, 3897 19 

Board of examiners, 4077, 4084 143, 146 

City solicitor, legal advisor, 3977 55 

Classified, 3885 14 

Clerk of board of education, 3897c, 4050, 4056 ; 21,130,132 

Deaf children, schools for, 3901 ■ 27 

Defined, 3886 15 

Director may be appointed, 4017 , 103 

Libraries, cities of certain size may establish, 4002-39-4002-45 87-89 

City districts, second grade, fourth class, library in, 4002-46, 

4002-47 89, 90 

Managers of, in certain cities, 3999 67 

Redistricting of, 3897, 3900 19,26 

Sub-districts, division into, 3897 19 

State school commissioner, by, when, 3897 19 

Superintendent, election of, 4017a 105 

Teachers, election of, 4017a 105 

Teachers' institutes, in, 4092 150 

Treasurer of school boards, 4042-4049, 4056 128-130,132 

City Solicitor. 

Legal adviser of boards of education, 3977 55 

Shall not be a member of the board, 3977 55 

Classification. 

Change of, by advancement, 3889 15 

City districts, 3886 15 

Special districts, 3891 16 

Township districts, 3890 16 

Village districts, 3888 15 

Clerk of Board of Education. 

Abandonment of splecial districts, duties of special and township 

clerks as to, 3935 38 

Absence of, at meetings, who acts, 3983 56 

Accounts of, how kept, 4055 131 

Blanks for reports under compulsory education law, must furnish, 

i 4022-6 116 

Bond of, 4050 130 

Certificate of estimate for tax levy, to county auditor, 3960 46 

Transfer of territory, of, when, 3894 16 

City districts, of, 3897a 21 

Complensation of, 4056 132 

Compulsory attendance, may excuse from, 4022-1 113 

Election of, 3897a, 3911, 3920, 3933 21, 29, 31, 38 



OHIO SCHOOL LAWS. 225 



Index. 



Clerk of Board of Education — Concluded. 

Page. 

Enumeration return to county auditor, 4035 126 

Liable for damages for failure to make, 4036 126 

Penalty for failure, 4038 . 127 

Forms relating to 201-214 

Moneys received by, must be, 4047 130 

Notice of election, 3970-11 52 

Oath of, 3979 56 

May administer to others, 3979 56 

Order on treasurer, must sign, 4047 130 

For teachers' pay, illegal, when, 4051 130 

Petition for transfer of territory, 3895 16 

Publication of receipts and expenditures, 4053 131 

Record of proceedings, kept by, 3984 57 

Reports required of, 358, 4052, 4057, 4058 10, 131, 133 

Penalty for failure to make, 4061, 4062 , 134 

School examiner, of appointment, 4077 143 

State school commissioner may require, 358 10 

Roll call, when required, 3982 56 

Special districts, of, 3933 38 

Successor, property turned over to, 4054 131 

Township commencement, clerk to hold, 4029-1 121 

Township districts, of, 3920 31 

Village districts, of, 3911 29 

Clerk of Boards of Examiners. 

City Boards. 

Bond of, 4079 144 

Compensation of, 4083 146 

Election of, 4079 144 

Fees, disposition of, 4084 146 

Record, kept by, 4084 146 

Reports of, 4077, 4084 143,146 

County Boards. 

Bond of, 4076 142 

Compensation of, 4070 138 

Election of, 4070 138 

Fees, disposition of, 4072 140 

Record to be kept, 4070 138 

Report by to county auditor, 4072 140 

To state school commissioner, 4070, 4076 138,142 

Clerk of Township. (See Township Clerk.) 

Cleveland. 

Library. 

Access, who entitled to, 4002-10 76 

Bonds, issued by board, how, 4002-11, 4002-12 76, 77 

Building and grounds, how acquired, 4002-2, 4002-3 75 

Contract, invalid, when, 4002-9 76 

Donations may be accepted, 4002-4 75 

Library board, election, membership, 4000 73 

Oath of members of, 4002-6 75 

15-S. L. 



226 OHIO SCHOOL LAWS. 



Index. 



Cleveland — Concluded. 

Page. 

Organization of, 4002-7 76 

Powers and duties of, 4001 74 

Report of, 4002-8 76 

Property exempt from taxation and execution, 4002-5 75 

School funds used for library, 4002-18 79 

Sinking fund, 4002-13-4002-17 77-79 

Tax for library, how expended, 4002 74 

Title to property, management of, 4002-1 75 

Colleges and Universities. 

Cincinnati University. (See University of Cincinnati.) 
Incoepoeated Institutions. 

Accounts of, how kept, report, 3769 198 

Alumni may elect trustees, 3747 187 

Appoint visitors, 3747 187 

Election, conduct of, 3748, 3749 187, 188 

Attorney General, duties as to, 3771 198 

Board of trustees, election of, 3751& 189 

Membership, increase in number, 3751a-3771a 189-199 

Ineligible, who are, 3770 198 

Quorum of, 3745 186 

Term of office, 3760 '.. 192 

Vacancies, how filled, 3733 183 

Bonds, trustees may issue, 3734 ' 183 

Charter, amendment of, 3762a, 37626 193,194 

Directors and trustees of certain associations, 3767 197 

Endowment fund of, 3750 188 

Diverted, how, 3732 183 

Faculty of, its powers, 3728 182 

Laws, benefits of, how acquired, 3746, 3751 187,188 

Location, change of, 3731, 3761 183, 193 

Mechanics and agriculture, 3729 182 

Mechanics' institutes may borrow money, 3768-1 197 

Directors' liability, 3768-2 198 

Medical college, bodies for dissection, 3763, 3764 195,196 

Name, change of, 3762a, 3762& 193-194 

May be religious denomination, 3751& 189 

Organization of, 3726 182 

Patron, who may be, 3741 186 

Property, increase of, 3734 183 

Sale of, 3762 193 

May hold in trust, 3727 182 

Purposes, set forth, may be, when, 37516 189 

Change of, 3762a, 37626 193, 194 

May be added to, 3768 197 

Religious control of, 3736-3740, 3751c 184, 185, 190 

Religious body entitled to representation, 3744 186 

Representation to cease, when, 3743 ;.. 186 

Statement of property to be filed, 3735 184 

Stock changed to scholarship, 3730 182 

Stockholders' liability, 3753, 3756 191, 192 

Visitors, appointment of, 3742 186 



OHIO SCHOOL LAWS. 227 



Index. 



Colleges and Universities — Concluded. 

Page. 

Ohio University. (See Oliio University.) 

Ohio State University. (See Ohio State University.) 

Reports of, 363 11 

State commissioner of common schools, employment of, by, pro- 
hibited, 356 9 

Toledo University. (See Toledo University.) 

University or college of any municipality, 4095-4105 155-160 

Wilberforce University. (See Wilberforce University.) 

Commencements. 

County commencements under "Patterson Law," 4029-1 121 

Tov^^nship commencements under "Patterson Law," 4029-1, 121 

Expenses of, how paid, 4029-2 122 

Commercial Departments. 

Boards of education may maintain, 4020-18 110 

Commissioner. (See State Commissioner of Common Schools, County Com- 
missioners.) 

Common Pleas Court. 

Judge of, duty as to report of examiner of funds, 360 13 

Schools specially endowed, appointment of trustees for, 4105-67 179 

Common School Fund. (See Funds.) 

Compensation. 

Board of education, members of, shall not receive, 3974 54 

City boards of examiners, of, 4083 146 

Clerk of board of education, 4056 132 

County auditor, of, 4064 135 

County examiners, of, 4075 142 

Clerk of, 4070 138 

Under "Patterson Law," 4029-2 122 

Enumerators, of, 4031 125 

Examiner of school funds, 365 12 

Library boards shall not receive, 3999, 4000, 4002-21, 4002-40 

67, 73, 80, 88 

Ohio State University, officers of, 4105-44 173 

Prosecuting Attorney, shall not receive, 3977 55 

Treasurer of board of education, 4056 132 

Complaint'. 

Form 209 

Funds, fraudulent use of, in regard to, 364 11 

Compulsory Attendance. 

Age of youth affected, 4022-1, 4022-2 113, 114 

Attendance necessary, 4022-1 113 

Minors between 14 and 16, 4022-3 114 

Blind institution, in regard to, 4022-10 118 

Board of county visitors, duties, 4022-11 119 



228 OHIO SCHOOL LAWS. 



Index. 



Compulsory Attendance — Concluded. 

Page. 

Branches of study required, 4022-1 113 

Corporation, violation of by, penalty, 4022-11 119 

Costs of proceedings paid by county, 4022-14 120 

Deaf and dumb institution, in regard to, 4022-10 118 

Employment of minors under 16, 4022-2 114 

Between 14 and 16, 4022-3 114 

Penalty for violation, 4022-3 H* 

Excuse, how obtained, 4022-1 ^i^ 

210—214 
Forms relating to • 

Free school books, 4026 ^^^ 

Jurisuiction of courts, 4022-11 ^^^ 

Juvenile disorderly persons, defined, 4022-4 115 

Proceedings against, 4022-8 ^^^ 

Penalties for violations, 4022-11 ^^^ 

Repeated violations, 4222-12 120 

Relief to enable child to attend school, 4022-9 118 

Reports of public and private schools, 4022-6 116 

Seating accommodations necessary, 4022-13 120 

Tax levy authorized, 4022-13 120 

Truancy, proceedings in cases of, 4022-7 

Penalties, 40^Z-7 ^^^ 

Truant officer, appointment, powers, duties, 4022-5 Ho 

Constitution of Ohio. 

Encouragement of schools. Art. 1, Sec. 7 ^ 

Oath to support, 3979 ^^ 

School funds, preservation of, Art. 6, Sec. 1 ; ^ 

Provision of, by taxation, Art. 6, Sec. 2 

School laws, excepted from general rule. Art. 2, Sec. 26 5 

Construction. 

• . 7 

Laws of, decisions and opinions 

Contingent Fund. 

47 
Apportionment of, 3967 

Board of education to provide, 3958 45 

County commissioners may levy, when, 3969 • 

Tax levy for, certificate to county auditor, 3960 46 

Contract. 

Board of education by, how made, 3974 

Members of, shall have no interest in, 3974 • 54 

Cleveland library board, when invalid, 4002-9 "76' 

County examiners may, for rent, etc., 4075 142 

Depository of school funds, for, 3968 48 

Shool houses, how let, 3988 ^1 

Conveyance. 

Board of education, authorized to make, 3971 53 

How made, 3974 ^^ 

Pupils may be conveyed, when, 3922, 3934 32, 38 



OHIO SCHOOL LAWS. 229 



Index. 



Corporations. (See Articles of Incorporation.) 

Page. 

Boards of education are, 3971 53 

Educational institutions. (See Colleges and Universities. 

Ohio State University, 4105-10 162 

School attendance, violations by agents of, 4022-11 119 

Schools specially endowed, 4105-67 179 



Costs. 



Special districts, formation, 3928 35 

Security for, 3928 35 

Council. 

University of municipality, powers of as to, 4095-4105 155-160 

Vaccination of pupils, duty as to, 3986 57 

County Auditor. 

Apportionment of school funds to all districts, 3964, 3966 46, 47 

Blank books, to furnish to clerk of board of education, 4055 131 

School examiners, 4075 142 

Treasurer of school funds, 4055 131 

Blanks, distribution of to school districts, 4058 133 

Bonds of clerk and treasurer, copy to be filed with, 4043, 4050 128, 130 

Clerk of board failing to report, auditor may appoint other person, 

4062 134 

Compensation of auditor, 4064 135 

Contingent fund, levy for to be certified to, 3960, 3963 46 

Distribution of funds to school treasurers, 3965 47 

E-numeration, returns of to, 4035 126 

Auditor to take, when, 4036 126 

Return to, when county line divides original surveyed township, 

4037 127 

Return by, to state commissioner, 4039 127 

Fines, collection of, for school purposes, duty as to, 3970 50 

.'oint sub-districts, map of to be filed with, 3923 32 

Penalties for not making reports, 4061, 4063 134, 135 

Reports to, required, 4052, 4057, 4072 131, 133, 140 

Reports of, required, 358, 4039, 4044, 4057, 4060 10, 127, 1297133, 134 

School houses, duty as to tax levy for, 3993 63 

Special districts, to certify valuation of, 3928 35 

Tax levy, certified to, 3960 46 

Teachers' institute, funds for, duties as to, 4087 149 

Territory transferred, duties as to, 3894, 3895 16 

Treasurer of school districts, settlement with, etc., 3964, 3967, 4044, 

4045, 4048 46, 47, 129, 130 

County Board of Examiners. 

Appeal from, 4085 146 

Appointment of, 4069 137 

Branches of study required for teachers' certificates, 4074 141 

Certificates, granting of, 4073 140 

Grades of, 4074 141 



230 OHIO SCHOOL LAWS. 



Index. 



County Board of Examiners — Concluded. 

Page. 

Renewal of, 4074 141 

Revocation of, 4073 140 

Clerk, duties of, 4070 138 

Compensation of, 4070 138 

Compensation of members, 4029-2, 4075 122-142 

Examination fee, 4071 139 

Disposition of, 4072 140 

Expenses of board, how paid, 4075 142 

Ineligible, who are, 4069 137 

Majority of members necessary to take action, 4071 139 

Meetings of, 4071 139 

Membership, limited, how, 4069 137 

Notice of meeting, what necessary, 4071 139 

Organization of, 4070 138 

Patterson examinations, 4029-1 121 

Commencements, county, 4029-1 121 

Compensation of examiners, 4029-2 121 

Qualifications necessary, 4069 137 

Questions, how prepared, 4071a 139 

Record to be kept, 4070 138 

Removals from board, 4069 137 

Reports to be made, 4070, 4072 140 

Revocation of certificates, 4073 140 

Scientific temperance, examination in, 4020-24 Ill 

Special certificates, granting of, 4074 141 

Teacher, qualifications necessary, 4074 141 

Term of members, 4069 137 

Uniform system of examinations, 4071a 139 

Vacancies, how filled, 4069 137 



County Commissioners. 

Board of education, commissioners may act as, when, 3969 49 

Children's homes, schools at, duties as to, 4010 100 

Contingent fund, when to levy, 3969 49 

County auditor, compensation of, 4064 135 



County Treasurer. 

Compensation of, 3960 46 

School funds, duties as to state funds, 3956 44 

When county line divides district, duties, 3963 46' 

Tax, collection of, 3960 46 



Course of Study. 

Defined, 4007-4 95 

Elementary schools, branches of study, 4007-1 94 

Course of study required in, 4007 94 

German taught, when, 4021 112 



OHIO SCHOOL LAWS. 231 



Index. 



Course of Study — Concluded. 

Page. 

High schools, branches of study, 4007-2 95 

Requirements, 4007-4 95 

Physical training in certain schools, 4020-17 110 

Physiology and hygiene, 4020-23 Ill 

Report of, required, 4007-6 97 

Scientific temperance, 4020-23 Ill 

Text books, adoption of, 4020-14 108 

D 
Dayton. 

Library. 

Library board, powers of, 4002-32 84 

Election of, 4002-33 84 

Non-partisan, 4002-33 84 

Museum, may establish, 4002-38 87 

Organization of, 4002-37 86 

Powers and duties of, 4002-34-4002-37 84-86' 

Term of, 4002-33 84 

Librarian and assistants, employment of, 4002-34 84 

Tax levy, for library, how made, 4002-35, 4002-36 85 

Debt. (See Sinking Fund.) 
Deeds. 

Boards of education, deed by, 3971, 3974 53, 54 

Ohio university land, leasehold estate, converted into fee simple, 

4105-2-4105-4 160, 161 

Unpatented land, deed of, made by trustees of Ohio state university, 

4105-48 173 

Degrees. 

Educational institutions, power to confer, 3726 182 

University of municipality, may confer, 4102 158 

Depository. 

Boards of education may provide, 3968 48 

In districts having two or more banks, 3968 48 

In districts having less than two banks, 3968 48 



Devise. 



Board of education may accept, 3975 54 

Common school fund of state, to, 3955 43 

Endowed schools, to, management of, 4105-67 179 

Institutions may receive, 3727 182 

Ohio state university, for, 4105-15 16'3 

Toledo public library, for, 4002-31 84 



Director. 



Appointment of, in city districts, 4017 103 

Compensation of, 4017 103 



232 OHIO SCHOOL LAWS. 



Index. 



Director — Concluded. 

Page. 

Powers and duties of, 4017 103 

Removal of, 4017 103 

Election of in township districts, 3921a 31 

Enumeration, shall take, 3921a 31 

Powers and duties of, 3921a 31 

Term of office, 3921a 31 

Libraries in certain cities and villages, 4002-40 88 

Universities of municipalities, of, 4098-4104 156-159 

Dismissal. 

Schools, on holidays, 4015 102 

Teachers to attend institute, 4091 150 

Teacher, dismissal of, 4017 103 

Improperly dismissed, may bring suit, 4019 106 

Districts. (See City, Village, Special and Township Districts.) 
Donations. (See Bequests.) 

E 

Education. (See Board of Education, Colleges, Schools.) 
Elections. 

Bonds, issue of, for school houses, 3991 , 62 

Centralization of township schools, for, 3927-2 ; 33 

City districts, board of education, election of, 3897, 3970-10. 19, 52 

Attached territory, voting in, 3898 26 

Educational institutions, election of trustees and visitors by alumni, 

3747, 3749 187, 188 

Forms relating to 201-214 

High school, election on question of bond issue for joint townships, 

4009-15 99 

Union of districts in township for high school purposes, election 

on bond issue, 4009-15 99 

Lot, election decided by, when, 3970-10 52 

Notice of, 3970-11 52 

Special districts, in, 3930, 3931, 3932, 3970-10 37, 52 

Abandonment of, election for, 3935 38 

Tax to exceed maximum allowed by law, vote on, 3959 45 

Special tax, vote on, 3991 62 

Teachers' institute, officers of, 4086 148 

Tie vote, how decided, 3970-10 52 

Township districts, board of education of, 3915, 3970-10 30, 52 

Attached territory, voting in, 3916 30 

Village districts, board of education of, 3909, 3970-10 67, 52 

Attached territory, voting in, 3910 28 

Newly created district, election in, 3909 28 

Women can vote, when, 3970-12 53 

Registration of, 3970-12 53 

Electors. 

Attached territory, where to vote, 3898, 3910, 3916 26,28,30 

Women are, for school officers, 3970-12 53 



OHIO SCHOOL LAWS, 233 



Index. 



Employes. 

Page. 

Board of education, of, 4017, 4017a 103, 105 

Minor, proof of attendance at school required before employment, 

4022-2 114 

Between fourteen and sixteen, must be able to read and write, 

4022-3 114 

Endowment Fund. 

College, how application of, changed, 3732 183 

Corporation for, 3750 188 

Schools specially endowed, 4105-67—4105-73 179, 180 

English Language. 

English grammar, teachers' certificate must contain, 4074 141 

Examination of teachers in literature, 4074 141 

Youth who cannot read and write must attend school, 4022-3 114 

Enumeration. 

Apportionment of state school funds by auditor of state, based on, 

3956 44 

By county auditor, 3964, 3966' 46,47 

Clerk of board of education to make returns of, 4035 126 

Compensation for taking, 4031 125 

Excessive, action of state school commissioner, 4040 128 

Failure to take, penalty, 4038 127 

By clerk of board to make returns, action taken, 4036 126 

Penalty for making fraudulent returns, 4041 128 

Return by county auditor to state school commissioner, 4039 127 

When county line divides original surveyed township, 4037 127 

Township districts, who takes, 3921a 31 

Youth of school age, includes whom, 4030 125 

How taken, 4031 125 

Evening School. (See Night School.) 

Examiner. (See City, County and State Examiners.) 

School funds, of, 365 12 

Adverse report, disposition of, 366 13 

Compensation of, 365 12 

Execution. 

School property exempt from, 3973 54 

Executive Committee. 

Teachers' institute, of, 4086 148 

Bond of, 4086, 4087 148, 149 

Forfeiture of bond, 4089 149 

Report of clerk, 4088 149 

Expenditures and Receipts. 

Board of education, clerk to make annual report of, 4052 131 

Publication of report, 4053, 4059 131, 133 

Expulsion. 

Pupil from school, of, 4014 102 



234 



OHIO SCHOOL LAWS. 



Index. 



F 
Fees. (See Compensation.) 

Female. 

Page. 

Suffrage of, in school elections, 3970-12 53 

Fines. 

County auditor's duties as to, 3970 50 

Fine Arts. 

Corporations for promoting, 3726'-3771a 182-199 

Flag. 

United States flag, display of, 3986-1 57 

Forms. 

Prepared by state commissioner of common schools, to be, 359, 360, 

4058, 4060 10, 133, 134 

I. Notice of election 201 

II. Notice of election in sub-districts 201 

III. Poll book 201 

IV. Tally sheet 202 

V. Minutes of sub-district school meeting 203 

VI. Appointment of school director, to fill vacancy 203 

VII. Oath of school director 203 

VIII. Different modes of altering sub-districts 203 

IX. Resolutions on bond issue 204 

X. Notice of election for bond issue 204 

XI. Petition for special school district 205 

XII. Notice of special meetings 205 

XIII. Teacher's contract 205 

XIV. Order on the treasurer 206 

XV. Order on treasurer when school funds are in a depository. . 206 

XVI. Certificate of annual school levy 207 

XVII. Certificate of school funds in treasury 207 

XVIII. Transfer of territory 207 

XIX. Lease to school district 208 

XX. Oath of clerk of board of education 208 

XXI. Clerk's bond 209 

XXII. Final receipt of clerk 209 

XXIII. Oath of treasurer of board of education 209 

XXIV. Treasurer's bond 289 

XXV. Final receipt of treasurer 209 

XXVI. Complaint in regard to school funds 209-210 

XXVII. Notice to parent or guardian 210 

XXVIII. Notice to truant 210 

XXIX. Notice to employers of youth 211 

XXX. Age and schooling certificate 211-212 

XXXI. Report of truant officer 213 

XXXII. Teacher's report 214 

Fourth of July. 

Schools may be dismissed on, 4015 102 



OHIO SCHOOL LAWS. 235 



Index. 



Funds. (See Sinking Fund.) 

Pape. 

Accounts of, how kept, 3954 43 

Auditor of state, duty of, 3954, 3955 43 

Apportionment of state funds by auditor of state, 3956, 3957 44 

ay county auditor, 3964, 3966, 3967 47 

Bequests to common school fund, how applied, 3955 43 

Cleveland school fund, use for library, 4002-18 79 

Contingent levy by boards of education, 3958, 3960 45, 46 

County commissioners to levy, when, 3969 49 

Penalty for failure to levy, 3969 49 

Debt of state, irreducible, common school fund shall constitute, 3954 43 

Depository for, 3968 48 

Distribution of by county auditor, 3965 47 

Euucational institutions, of, 3732, 3750 183, 188 

Fines to be collected by county auditor and paid into funds, 3970 50 

Income from school lands, application of proceeds of, Art. 6, Sec. 1 . . 5 

Investigation of, 364 11 

Miami university fund, tax for, 3951a 42 

Distribution of state funds to, 39516 42 

Ohio University fund, tax for, 3951a 42 

Distribution of state funds to, 3951& 42 

Ohio State University fund, tax for, 3951 41 

Pension fund for teachers, 38976-3897? 22-26 

Public lands, proceeds of sale of, 3953, 3954 43 

Salt and swamp lands, proceeds of sale of, 3952, 3952-1 42 

School fund, preservation of. Art. 6, Sec. 1 5 

Settlement between district treasurer and auditor,, 4044 129 

Special districts, division of fund when created, 3929 36 

State common school fund, tax for, 3951 41 

State commissioner of common schools, duty as to, 358, 366 10, 12 

Taxation, constitutional provisions for, Art. 6, Sec. 2 5 

Tax levy, maximum for schools, 3959 45 

Transfer of territory, division of funds, 3896 17 

Treasurer of county, duties as to, 3956, 3957, 3960, 3963, 3965, 3966.44,46,47 

Treasurer of district, receipts and disbursements by, 3960, 4047 46,130 

Amount he may have on hand, 4084 130 

G 

General Assembly. 

Laws to encourage schools, duty of, to pass. Art. 1, Sec. 7 5 

Ohio State University, report to, 4105-53 175 

State commissioner of common schools to report to, 361 10 

School funds, to provide for by taxation. Art. 6, Sec. 2 5 

School laws can take effect upon authority other than. Art. 2, See. 26. 5 

Special districts created by act of, 3928 35 

Tax for schools, shall levy, 3951 41 

Wilberforce University, members may name pupils for admission to, 

4105-64 178 

German Language. 

Teaching of authorized, 4021 112 



236 OHIO SCHOOL LAWS. 



Index. 



Governor. 

Page. 

College, fills vacancy among trustees, 3733 183 

Military academy, is visitor of, 3758 192 

Ohio State University, appointment of trustees, 4105-37 171 

Deed for lands of, to execute and deliver, when, 4105-2 160 

School book commission, is a member of, 4020-11 107 

State commissioner of common schools, to fill vacancy in office of, 

354 9 

Report of, to be made to, when, 361 10 

Wilberforce University, appointment of trustees, 4105-55 175 

Guardian. 

Children under care of, entitled to attend schools free, 4013 101 

Duties of, under compulsory education law, 4022-1-4022-14 113-120 

H 
High Schools. 

Board of education may establish, 4009 97 

Branches of study required, 4007-2 95 

Certificate of work done by puplil, 4007-5 96 

Value of, 4007-5 96 

Classification of, 4007-4, 4007-6 95, 97 

Defined, 4007-2 95 

Diploma, what it shall contain, 4007-5 96 

Examinations in special and sub-districts, for, 4029-1 12J 

Commencements, 4029-1 121 

Compensation of examiners, 4029-2 122 

Tuition, 4029-3 123 

Report of by clerk of board, 4007-6 97 

Penalty for failure to make, 4007-6 97 

Township Districts in. 

Admission of pupils to, 4009-1 98 

Board of education may establish, 4009 97 

Management and control of, 4009-1 98 

Tax levy for, 4009-2 98 

Time, length of, to be continued, 4009-1 98 

Township and joint township high schools, established by peti- 
tion, 4009-15 99 

Buildings, pfurchase or renting of, 4009-15 99 

Election on question of tax levy for, 4009-15 99 

Election for tax levy not necessary, when, 4009-15 99 

Tax for, 4009-15 99 

Teachers, employment of, 4009-15 99 

Union of several districts within township for high school pur- 
poses, 4009-15 99 

Holidays. 

Dismissal of schools on, without forfeiture of teachers' pay, 4015.. . 102 

Holidays named, 4015 ., 102 

Howe's Historical Collections of Ohio. 

Boards of education authorized to purchase, 4020-15 110 

Care of, how taken, 4020-15 110 



OHIO SCHOOL LAWS. 



237 



Index. 



I 

Infirmary. 

Page. 

Corpse, surrender of, to medical college, 3763 195 

Schools at, 4010 100 

Institutes. (See Teacliers' Institutes.) 

Interest. 

Irreducible school funds, interest on, 3952, 3954 42, 43 

Investigation. 

School funds, of, by accountant, 364 11 

Teacher, of, by board of examiners, 4073, 4081 140, 145 

Irreducible School Fund. 

Accounts of, how kept, 3954 43 

Original surveyed township, in two counties, how proceeds paid 

to, 3957 44 

Public lands, sale of, proceeds of, how applied, 3953, 3954 43 

Salt and swamp lands, proceeds of sale of, 3952, 3952-1 42 

J 
Janitor. 

Board of education, power to employ, 4017 103 

Board of examiners may employ, 4075 142 

Dismissal of by board of education, 4017 103 

Teachers not required to do janitor worlv, 4018 106 

Term of employment, 4017 103 

Joint Sub-Districts. 

Abolished, 3923 32 

Territory annexed to township, 3923 32 

Judge. (See Common Pleas Court, Probate Court.) 

Juvenile Disorderly Person. 

Definition of, 4022-4 115 

Proceedings against, 4022-8 117 

K 
Kindergarten Schools. 

Boards of education may establish, 4020-18 ,110 

L 

Language. (See English Language, German Language.) 

Laws. 

Encouragement of schools, for, passage of. Art. 1, Sec. 7 5 

Interpretation of, decisions, preparations and distribution of, 360.. 10 

Schools, for, can talve effect upon approval of authority other than 

the general assembly. Art. 2, Sec. 26 5 

Law College. 

Organization of, 3767, 3768 197 



238 



OHIO SCHOOL LAWS. 



Index, 



Law Library, 

Page. 

Organization of, 3767, 3768 : 197 

Law School. 

Ohio State University, of, 4105-29 169 

Lease. 

Form of 

Site for school house or right of way, lease of, 3987 6'0 

Legal Adviser. 

Boards of education, who is, of, 3977 55 

Ohio State University, who is, of, 4305-17 163 

Legislature. (See General Assembly.) 

Library. 

Access to, 3998-1, 3998-10, 4002-42 64, 66, 88 

Appropriation of money for, amount limited, 399S-6 65 

Board of directors in certain cities, 4002-40 88 

Duties of, 4002-41 88 

Organization of, 4002-41 88 

Powers of, 4002-41 '88 

Report of, 4002-43 89 

Board of education may establish, 3998-1, 3998-6 ' 64, 65 

Appropriation for, 3998-6 65 

Control of in certain cases, 3998-3 65 

Funds for, how provided, payments from, 3998-4 65 

Tax for, 3998-1, 3998-4 64, 65 

Trustees of, 3998-2 64 

Cincinnati library. (See Cincinnati.) 

City districts of certain size may establish or acquire, 3998-9, 4002-39 

66, 87 

Board of managers, 3998-9-3998-11 66, 67 

Fourth class, second grade, in, 4002-46 89 

Funds, expenditure of, 3998-12 ' 67 

Report of, to board of education, 4002-48 90 

Tax for, 3998-12, 4002-46-4002-49 67, 89, 90 

Cleveland library. (See Cleveland.) 

Control of, vested in board of education, when, 3998-6 65 

Dayton library. (See Dayton.) 

' Donations, board may accept, 4002-44 89 

Established how, 3998-1, 3999, 4002-39 64, 6'7, 87 

Librarian, appointment, compensation of, 3998-11, 4002-41 67,80 

Managers for certain libraries, 3998-10, 3998-11 66, 67 

Museum, in connection with, 3998-7. 66 

Portsmouth library. (See Portsmouth.) 

Pre-existing library, how affected, 4002-45 89 

Rules and regulations for, 4002-41 88 

Tax levy for, 3998-4, 3998-12, 4002-45, 4002-46 65, 67, 89 

How expended, 3998-4, 3998-12 65, 67 

Toledo library. (See Toledo.) 

Village districts may establish, 4002-39 87 



OHIO SCHOOL LAWS. 239 



Index. 



Location. 

Page. 

Ohio State University, 4105-18 163 

School house, convenience of, 4007 94 

Lot. 

Election decided by, when, 3970-10 52 

M 

Manual Training. 

Boards of education may provide, 4020-18 110 

IVIap. 

Attached territory, to be made of, 3898, 3910, 3916 26', 28, 30 

Special districts, map of, 3928 35 

Territory transferred from one district to another, map of, 3894 

3895 16 

Township district, map of, 3921 31 

Mechanics' Institute. 

Authority to borrow money, issue bonds, etc., 3768-1 197 

Directors and trustees not personally liable for debts, 3768-1 197 

Objects of institute, enlarged, how, 3768 197 

Organic rules which may be prescribed in articles of incorporation, 

3767 ■ 197 

Medical College. (See Colleges.) 

Bodies for dissection, may receive, 3763 195 

Meetings. 

Board of education, city districts, 3897a 21 

Special districts, 3933 38 

Township districts, 3920 31 

Village districts, 3911 29 

City board of examiners, 4080 144 

County board of examiners, 4071 139 

Illegal, when, 3984 57 

Ohio State University, trustees of, 4105-41 172 

Special meetings, how called, 3978 55 

Text books, adoption of must be at regular meetings, 4020-14 108 

Wilberforce University, trustees of, 4105-59 176 

Memorial Day. 

Schools may be dismissed without forfeiture of teachers' pay, 4015. . 102 

Miami University. 

Admission of pupils to, 3951a 42 

Distribution of funds for, 3951& 42 

Tax levy, for, 3951a 42 

Military Academy. (See Academy.) 



240 OHIO SCHOOL LAWS, 



Index. 



Minor. 

Page. 

Attendance at school of, when unable to read and write, 4022-3 114 

CommitmenTto reformatory of, proceedings, 4022-8, 4022-9, 4022-11 

117, 118, 119 

" Employment of, between certain ages, when schools are in session, 

unlawful, 4022-2 114 

Money. (See Funds.) 

Month. 

School month, length of, 4016 103 

Museum. 

Association, rules for organization of, 3767, 3768 197 

Board of education may establish, 3998-7 ' 66 

Dayton library board, may establish, 4002-38 87 

Music. 

Special certificates in, may be granted, 4074 141 

- N 

Narcotics. (See Scientific Temperance.) 

Natural History Society. 

Regulations as to, 3767, 3768 197 

New Year's Day. 

Schools may be dismissed without forfeiture of teachers' pay, 4015. . 102 

Nigiit Scliools. 

Provisions for, 4012, 4012a 101 

Nominations. 

Members of boards of education, by petition, 3897a 21 

Non-Resident. 

Attendance at school, when permitted, conditions, 4013 101 

By agreement of boards, 4022 112 

When one and one-half miles from school house, 4022a 112 

Patterson graduates, privileges of, 4029-1, 4029-3 121, 123 

Normal Schools. 

Physical training must be provided in, 4020-17 110 

Scientific temperance, instruction in, at, 4020-24 Ill 

Penalty for failure to instruct, 4020-25 112 

State normal schools established, 4094-1-4094-6 152,153 

Wilberforce University normal department at, 4105-54-4105-66 175-178 



OHIO SCHOOL LAWS. 241 



Index, 



Notice. 

Page. 

Attendance at nearest school, notice to board not necessary, 4022a.. 112 

Board of education, meetings of, 3978 55 

Educational institutions, notice of meetings of stockholders, 3734.. 183 

Purpose, name, notice of intended change, 3762a 193 

Election, notice of bond issue, 3991 62 

Board of education, members of, 3970-11 52 

Special districts, election in newly organized, 3932 , 37 

Abandonment of, 3935 38 

Tax levy, election for, 3991 62 

Township districts, election of director, 3921a 31 

Teachers' notice of examination, 4071, 4080 139, 144 

Text books, publishers of, notice to, 4020-11 107 

Boards of education, given to, 4020-12 108 

Truancy, notice to parent, 4022-7 116 

o 

Oath. 

Board of education, members and clerk, of, 3979 56 

Clerk of board of education, 3979, 4035 56,126 

Cleveland library, board, of members, 4002-6 75 

County auditor may administer, when, 4036 126 

Election officers in townships, 3921c 31 

Enumerator, of, 4031 125 

Forms relating to 201-214 

School officers, of, 3979 56' 

Schools specially endowed, trustees of, 4105-70 180 

Special examiner of teachers, 4078 144 

State commissioner of common schools, of, 355 9 

Office. (See various officers, by name.) 

State commissioner of common schools can not hold, other, 356.... 9 

Officer. (See various officers, by name.) 

Charges against, investigation of, 364-366 

Oath of school officers, 3979 56 

Ohio State University. 

Analysis of minerals, by professor of, 4105-27 168 

Appropriations for apparatus, equipment, etc., 4105-28 169 

Attorney general legal adviser of board of trustees, of, 4l05'-'17. . . . 163 
Board of Trustees. 

Faculty, compensation of, to fix, 4105-44 173 

Further duties of board, 4105-11, 4105-40 162, 171 

Grants and devises of land may be received by, 4105-15 163 

Management and control of, to be vested in, 4105-13 163 

Powers and duties of, 4105-39 171 

Provide for lecturers, board may, 4105-12 162 

Branches taught at, 4105-45 173 

Ceramics, department of, 4105-30-4105-34 169, 170 

Law department of, 4105-29 169 

Certain acts repealed, 4105-25 16'8 

16-S. L. 



242 OHIO SCHOOL LAWS. 



Index. 



Ohio State University— Concluded. 

Page. 

Clay -working and ceramics, course in, 4105-30 169 

Established, name of, 4105-9 162 

Fund of, 3951 ^1 

Irreducible debt of state, part of, 4105-43 172 

Interest on fund of agricultural college, invested, how, 4105-46, 

4105-47 l'^3 

Laboratory apparatus, models, and machinery, to be provided, 4105-26 168 
Lands. 

Accepted by state from United States, 4105-19 164 

Board may sue for lumber cut off such lands, 4105-20 164 

Compensation and proceedings of appraisers, 4105-22 166 

Deeds, how made and executed, 4105-23 166 

Occupant may purchase additional land, 4105-21 165 

Oocupant claiming exemption to comply with law of congress, 

4105-21 16'5 

Payments, how made and secured, 4105-23 166 

Record of contract to be made and kept, 4105-23 166 

Sale of, public or private, 4105-23 166 

Proceeds of sale, disposition of, 4105-24 167 

Survey to be made by trustees, 4105-21 165 

Title to, vested in trustees, 4105-21 165 

iTracts to be numbered and appraised, 4105-22 166 

Trustees to sell other lands, 4105-21 165 

Unsold land to be divided into tracts, 4105-22 16'6 

Law school, plrovisions for, 4105-29 169 

Location of college, etc., 4105-18 163 

Meetings of board, 4105-41 172 

Mines, school of, 4105-26-4105-28 168,169 

Named "The Ohio State University" 4105-36 171 

Objects of college, 4105-9 162 

Officers of board, their duties, etc., 4105-14 163 

Professors employed to teach, 4105-27 168 

Pupils, who may be admitted as, 4105-12 162 

Report of trustees, 4105-42 172 

Residence for faculty may be erected by trustees, 4105-24 167 

Style and powers of board of trustees, 4105-10 162 

Tax levy for, 3951 41 

Terms of office of trustees, compensation and vacancies, 4105-38 171 

Title of lands to vest In the state, 4105-16 163 

Trustees authorized to make certain deeds, 4105-48 173 

Virginia military lands, relief of buyers, 4105-50 174 

Written analysis of fertilizers to be furnished, how, 4105-35 171 

Ohio University. 

Admission of pupils, 3951a 42 

Distribution of fund, 3951& 42 

Sale of certain lands, 4105-1 160 

Deed for, 4105-2-4105-4 160, 161 

Proceeds of, 4105-5 161 

Tax on lands donated to, 4105-6-4105-8 161, 162 

Tax for, 3951a 42 



OHIO SCHOOL LAWS. 243 



Index. 



Order. 

Page. 

Teachers' pay, for, illegal, when, 4051 130 

Treasurer, order on, how drawn, 4047 130 

Must produce order for all disbursements, 4044 129 

Orphan Asylum. 

Schools at, provisions for, 4010 100 

Original Surveyed Township. 

Apportionment of funds, when county line divides, 3966 47 

Funds how paid in such cases, 3957 44 

Enumeration, when divided by county line, 4037 127 



P 

Parent. 

Duty of, to send minor children to school, etc., 4022-1 113 

Violation of act relating to, 4022-3 114 

Patterson Law. 

Compensation of examiners, 4029-2 122 

County commencements, 4029-1 121 

Examinations, branches of study, 4029-1 121 

High school attended, character of, 4029-4 124 

Township commencements, 4029-1 121 

Tuition, payment of, 4029-3 123 

Penalty. 

Board of education, for failure to levy contingent fund, 3969 49 

Clerk of board of education, for failure to make report, 4061 134 

Corporation, unlawful employment of minors, 4022-2, 4022-3, 4022-11, 

4022-12 114, 119, 120 

Corpse, detention of, 3763 195 

County auditor, failure to make statistical report, 4060, 4061 134 

For failure to make enumeration return, 406'3 135 

Enumeration return, fraudulent, 4041 128 

Parent or guardian, liable, when, 4022-7, 4022-11, 4022-12 116, 119, 120 

School officers, non-enforcement of compulsory education law, 4022- 

11 : 119 

Teachers' institute, executive committee, failure of, to report, 4088 . . 149 

Pension Fund for Teachers. 

Appropriation for by board of education, 3897Z 26 

Board of education may create, 3897& 22 

Created and invested, how, 3897c 22 

Death of teacher, who shall receive, 38977i 25 

Deductions from teachers' salaries, 8897f 24 

Penalties, fines, etc., to be paid into fund, 3897fc 26 

Pension, amount of, 3897d 23 

Persons entitled to, 3897(i 23 

Principal and income can be used, 3897e 24 



244 OHIO SCHOOL LAWS. 



Index. 



Pension Fund for Teachers — Concludedl 

Page. 

Resignation or removal of teacher, rebate, 3897^ 25 

Retirement of teacher, 3897(? 23 

Rules and regulations, 3897i 25 

"Teacher" defined, 3897tZ 23 

Treasurer of funds, 38979' 25 

Trustees, number, election, term, 38976 22 

When insufficient to pay teachers, 3897fZ 23 

Personal Property. (See Property.) 

"etition. 

Centralization of township schools, for, 3927-2 33 

iilvening schools, for, 4012 101 

Forms relating to 205 

Nominations by, 3897a 21 

Special district, creation of, 3928 35 

Transfer of territory, for, 3895 16 

Physical Training. 

Instruction in, required, where, 4020-17 110 

Plat. 

Property to be appropriated for school plurposes, plat of, 3990 62 

School district, plat of, 3894, 3895, 3898, 3910, 3916, 3921 16,26,28,30,31 

Portsmouth. 

Libraries, consolidation of, 4003 90 

Library committee, election of, 4004 91 

Powers and duties of, 4005, 4006 91 

Vacancies in, how filled, 4004 91 

President. 

Board of education, of, election, 3897a, 3911, 3920, 3933 21, 29, 31, 38 

Absence of at meeting, who acts, 3983 56 

Order on treasurer, must sign, 4047 130 

Record of proceedings, must sign, 3984 57 

City board of examiners, of, election, 4079 144 

Clerk of board of education, bond of, to be filed with, 4050 130 

County board of examiners, election of, 4070 138 

Educational institutions, of, 3728 182 

Libraries in certain cities, member of board, is, 3999 67 

Process on board of education, served on, 3976 55 

Teachers' institute, of, election, 4086 148 

Private Schools. (See Colleges and Universities.) 

Report of, required, 363 11 

Specially endowed, trustees for, 4105-67 179 

Accounts of trustees, 4105-71 180 

Bond of trustees, 4105-70 180 

Duties of trustees, 4105-69 179 

Oath of trustees, 4105-70 180 

Vacancies, how filled, 4105-68 179 

Visitors of, 4105-72 . . 180 



OHIO SCHOOL LAWS. ' 245 

Index. 

Probate Judge. 

Page. 

Appropriation of property for school purposes, jurisdiction, 3990 .. 62 
Compulsory education law, jurisdiction of, 4022-7,4022-8-4022-11.116,117,119 

County examiners, appointment of, 4069 137 

Report of appointment, 4069 137 

Revocation of appointment, 4069 137 

Deaf children, report of, to be returned to, 4022-10 118 

Special districts, petition for creation of, when filed with, 3928 35 

Change of boundary, of, 3929 36 

Costs, security for, 3928 35 

Pees, same as in civil cases, 3929 36 

Funds, division of, by, 3929 36 

Hearing on petition, 3929 36 

Jurisdiction of, 3929 36' 

Notice of hearing, 3929 36 

Petition, when district in two or more counties, 3928 35 

Remonstrance against formation of, 3928 35 

Tax valuation of district, minimum, 3928 35 

Transfer of territory, petition for, 3895 16 

Costs, security for, 3895 16 

County auditor, certificate filed with, 3895 16 

Funds, division of, 3896 1'^ 

Hearing on petition, 3895 • 1*^ 

Jurisdiction of, 3895 16 

Notice of hearing, 3895 16 

Petition, when district in two or more counties, 3895 16 

Process. 

Service of, on boards of education, 3976 55 

Professors. 

Educational institutions, appointment of, for, 3726 182 

Faculty, professors are members of, 3728 182 

Powers of, 3728 182 

Military academies, professors are members of board, 3757 192 

Ohio State University, employment and dismissal of, at, 4105-11... . 162 

Ceramics, department of, instructor in, 4105-33 170 

Chemistry, analysis of fertilizers to be furnished by professor, in, 

4105-35 I'^l 

Compensation of, how fixed, 4105-44 173 

Mines and mine engineering, instructor in department of, 4105-26 

4105-27 168 

Residences may be erected for faculty, 4105-24 167 

Universities of municipalities, 4099 157 

Property. 

School property, how sold or exchanged, 3971 53 

Exempt from taxation or execution, 3973 54 

Title to, in whom vested, 3972 54 



246 OHIO SCHOOL LAWS. 



Index. 



Prosecuting Attorney. 

Page. 

Board of education legal adviser of, 8977 55 

Compensation of, 3977 55 

Shall not be a member of board, 3977 55 

Funds, fraudulent use of, duty as to report of examiner of, 366' 13 

Teachers' institutes, duties as to, 4089 149 

Public Library. (See Library.) 

Publication. 

Board of education, sale of property by, 3971 53 

Building and repairing, bids for, 3988 61 

Receipts and expenditures, by clerk of, 4053 131 

City board of examiners, meetings of, 4080 144 

County board of examiners, meetings of, 4071 139 

Election notice, 3970-11 52 

Publishers. 

Text book law, requirements of, 4020-10-4020-14 107-110 

Pupils. (See Attendance.) 

Assignment of by board of education, 4013 101 

Expulsion of, 4014 102 

Suspension of, 4014 102 

Tuition of, may be paid by agreement between boards, 4022 112 

Q 

Qualifications. 

Examiners, of, 4069, 4077 137, 143 

Teachers in common schools, 4074 141 

In city and village districts, 4078, 4084 144, 146 

Quorum. , 

Board of education, of, what constitutes, 3982 56 

Business that a majority of a quorum cannot transact, 3982 56 

Educational institutions, what constitutes, 3745 186 

R 

Real Property. (See Property.) . 

Receipts and Expenditures. 

Board of education, clerk of to prepare and forward to county 

auditor, 4052, 4057 131,133 

Publication of, 4053 131 

Record. 

Board of education, how kept, 3984 57 

Approval of, 3984 57 

Public record, is, 3984 57 

Bonds, record of issue, 3992 62 

Educational institutions, of, 3762a 193 



OHIO SCHOOL LAWS. 247 



Index. 



Relief. 

Page. 

Board of education may afford to needy children, 4022-9 118 

Religion. 

School funds, religious sect shall have no control of, Art. 6, Sec. 2.. 5 

Reports. 

Board of education, financial and statistical, 4052, 4057, 4058 131,133 

City board of examiners, to state school commissioner, 4084 146 

Appointment of, report, 4077 143 

City districts, publication of reports, 4059 133 

Cleveland library board of, report, 4002-8 76 

Clerk of board of education, of, 4052, 4057, 4058 131, 133 

Enumeration, report of, to auditor, 4035 126 

Failure to make, other person to be appointed, 4060 134 

Financial, publication of, 4053 131 

Penalty for failure to make, 4061, 4062 134 

Teachers' report to be filed with, before order is drawn for pay 

of, 4051 130 

Colleges, report of, 363 .' 11 

Copies of all reports may be required by the state commissioner, 358 10 

County auditor, to state commissioner, 4060 134 

Enumeration returned by, to state commissioner, 4039 127 

Penalty for not making, or for making fraudulent reports, 4041 

4061, 4063 128, 134, 135 

Report of clerk to, failure to make, auditor may appoint other 

person, 4062 134 

County board of examiners, clerk of, to make, 4070, 4072, 4076 . .138, 140, 142 

Dayton public library board, to report to board of education, 4002-38 87 

Enumeration return by clerk to auditor, 4035 126 

County auditor to state commissioner, 4039 127 

Original surveyed township, by auditor, 4037 127 

Examiner of school funds, report of, 365 12 

Libraries in certain cities and villages, report of, 4002-43 89 

Ohio State University, report of teachers, 4105-42 172 

Board of claims, report of, 4105-53 175 

Portsmouth library committee, report of, 4005 91 

Private schools, report required, 363 11 

Probate judge, appointment of school examiners, 4069 137 

State commissioner of common schools, report of, 361, 362 10, 11 

Superintendent of schools of, 4059 133 

Teachers, report of, 4022-6, 4059 116,133 

Report must be filed with clerk before order is drawn for pay of, 

4051 130 

Toledo library, report as to, 4002-29 83 

Treasurer of board of education, to auditor, 4044 129 

Truant officer, reports of, 4022-5, 4022-9, 4022-10 115, 118 

Penalty for failure to make, 4022-11 119 

Visitors to certain endowed schools, to report, 4105-72 180 

Wilberforce University, report of trustees, 4105-63 177 

Representative. (See General Assembly.) 



248 OHIO SCHOOL LAWS. 



Index. 



Returns. (See Elections, Reports.) 

-. .. , Page. 
Revocation. (See Certificate.) 

Rules and Regulations. 

Board of education, 3985 57 

County board of examiners, for, 4070 138 

Libraries, made by board of education, for, 3998-10 66 

Cincinnati library, for, 3999a 69 

City and village districts, for, 400241 . 88 

Cleveland library, for, 4002-10 76 

Portsmouth library, for, 4005 91 

Toledo library, for, 4002-28 83 

Teachers' pension fund, for, 3897i 25 

Vaccination, rules for, 3986 57 

s 

Sale. 

Board of education, sale of property by, 3971 53 

Text books, sale of, 4020-10-4020-14 107-110 

Salt and Swamp Lands. 

Proceeds of sale of, how applied, 3952, 3952-1 42 

Salaries. (See Compensation.) 

May be increased, but not diminished, 4017 103 

Scholarsliips. 

Stock of colleges, etc., may be changed into, 3730 182 

Schools. 

Admission of non-residents, by agreement of boards, 4022 112 

Children's homes, school at, 4010 100 

Closing of, on holidays, 4015 102 

During session of teachers' institute, 4091 150 

Continued, must be, how long, 4007 94 

Conveyance of pupils, to, 3922, 3934 32, 38 

Deaf children, schools for, 3901 27 

Dismissal of, on holidays, 4015 102 

Teachers, to attend institute, 4091 150 

Examination of schools, by city boards of examiners, 4078 144 

Evening schools, 4012, 4012a 101 

Free to whom, 4013 101 

German language, in, 4021 112 

Graduating examinations for high school attendance, 4029-1 121 

High schools, 4007-2-4009'-a5 95-99 

Teachers' certificate in, 4074 141 

Infirmary, schools at, 4010 100 

Janitor of, 4017 103 

Number of, required, 4007 94 

Orphans' asylum, schools at, 4010 100 

Physical training in, 4020-17 '. 110 



OHIO SCHOOL LAWS. 249 



Index. 



Schools — Concluded. 

Page. 

Private schools, report of, 363 11 

Pupils, admission of, etc., 4013 101 

Attendance enforced, 4022-1 113 

Non-resident, attendance of, 4013, 4022, 4022a 101, 112 

Scientific temperance instruction, in, 4020-23 • 111 

State commissioner of common schools, as to, 354 — 3G6 9-13 

Studies, 4007-1, 4007-2 94, 95 

Text books, in, 4020-10-4020-14 107-110 

Zanesville charity school, 4011 101 

School Books. (See Text Books.) 

School Book Commission. 

Membership of, 4020-11 107 

Price of text books, maximum, fixed by, 4020-11 107 

Publishers, failure to furnish books, action by commission, 4020-13.. 108 

School Districts. (See City, Village, Special and Township.) 

Classification of, 3885 14 

Territory, transfer of, 3894, 3895 16 

School Funds. (See Funds.) 

School Houses. 

Advertising by board of education for bids for building, etc., 3988. . 61 

Appropriation of land for, 3990 62 

Boards of education, to provide, 3987 60 

Directions for bidding for and letting contracts, 3988 61 

Bonds for, 3992, 3994 62, 63 

Building, repairing, etc., 3987 60 

Contracts, directions for bidding and letting, 3988 61 

Entertainments, use of school house for, 3987-1 , 60 

Exempt from taxation and execution, 3973 54 

Flag, display of, 3986-1 57 

Taxation, exempt from, 3973 54 

Tax levy for, when and how submitted to voters, 3991 62 

Bonds of, 3992 62 

Certificate of levy, to county auditor, 3993 63 

School Rooms. 

Renting of by boards of education, 3987 60 

Schools Specially Endowed. 

Provisions relating to, 4105-67-4105J73 179, 180 

Scientific Temperance. 

Board of education, to require instruction, in, 4020-23 Ill 

Educational institutions, required to teach, 4020-23 Ill 

Normal schools, instruction in, at, 4020-24 Ill 

Penalty for non-enforcement, 4020-25 112 

Regular branch of study, to be, 4020-23 .' Ill 

State commissioner of common schools, duties as to, 4020-24 Ill 

Teachers' certificates, not granted without examination in, 4020-24. Ill 

Institute, instruction at, 4020-24 Ill 



250 OHIO SCHOOL LAWS. 



Index. 



Secretary of State. 

Page. 
Educational institutions, articles of incorporation filed with sec- 
retary, 3726, 3762a 182, 193 

Fees of, 3762a 193 

School book commission, is a member of, 4020-11 107 

State commissioner of common schools, bond of, to be filed with, 

355 , 9 

Section Sixteen. 

Enumeration of youth, in, 4030 125 

Funds derived from, investment of, 3953, 3954 43 

Senator. (See General Assembly.) 

Session. 

Schools of, length of time, 4007 94 

Settlement. 

Treasurer of district, with county auditor, 4044, 4045 129 

Sinking Fund. 

Board of education shall establish, when, 3970-1 50 

Board of commissioners of, 3970-1 50 

Investment of, 3970-2 50 

Orders on, how drawn, 3970-4 51 

Refunding debt, 3970-3 51 

Report by clerk of, 3970-4 51 

Securities may be sold, 3970-2 50 

Sites. 

Board of education to furnish, 3987 60 

Bonds for, 3992, 3994 62, 63 

Solicitor. (See City Solicitor, 

Special Districts. 

Abandoned, how, 3935 38 

Board of education, membership of, 3930 37 

Election of, 3930 37 

Organization of, 3933 ". 38 

Terms of members, 3930 37 

Classification of, 3885, 3891 14, 16 

Clerk of board of education, election of, 3j933 38 

Compulsory attendance in, 4022-1-4022-14 113-120 

Conveyance of pupils, 3934 38 

Continuance of district, 3935 38 

Created by act of general assembly, legalized, 3928 35 

Defined, 3891 16 

Election in, how conducted, 3931 37 

In new district, 3932 37 

On abandonment, 3935 38 

Established by petition, 3928, 3929 35, 36' 



OHIO SCHOOL LAWS. 251 



Index. 



Special Districts — Concluded. 

Page. 

Funds, division of on creation of, 3929 36 

Officers of, continued in office, 3928 35 

President, election of, 3933 38 

Tax levy, maximum for, 3959 45 

Territory transferred from one district to another, 3894, 3895 16 

Treasurer, election of, 4042 128 

Tuition, payment of under "Patterson law," 4029-3 123 

Special Meetings. 

Boards of education, of, 3978 55 

Notice necessary, 3978 55 

State Board of Examiners. 

Appointment of, 4065 136 

Certificates issued by, 4066 136 

Compensation of members, 4068 137 

Examination fees, disposition of, 4068 137 

Term of members, 4065 136 

Vacancies in, how filled, 4065 136 

State Commissioner of Common Schools. 

Appeal to, by applicants for teachers' certificate, 4085 146 

Board of examiners, report of appointment of members of, to, 4069, 

4077 137, 143 

Report of board, to, 4076, 4084 142, 146 

Bond of, 355 9 

Books and papers, preservation of, 356 9 

City districts, may sub-divide when board fails to act, 3897 19 

Colleges, reports of, to, 363 11 

County auditor, reports of, to, 4039, 4060 127, 134 

Duties. 

Attendance of, at office, required, 356 9 

Certificate to county auditor for receipt of reports, 4064 135 

Examination questions, uniform, system prescribed, duties as to, 

4071a 139 

Forms prepared, and furnished, by, 359, 360, 4058 10, 133 

Laws, preparation and distribution of, 360 10 

School funds, investigation of, duties as to, 364 11 

Scientific .temperance instruction, duty as to, 4020-23-4020-25.. 111,112 

Visitations by, 357 10 

Election of, 354 9 

Enumeration return to, 4039 127 

Action by, when enumeration excessive, 4040 128 

Forms for blank books, report blanks, etc., prepared by, 359, 360, 

4058 10, 133 

High schools, shall classify, 4007-6 97 

Office of, where located, 356 9 

Report of, publication, contents, 362 11 

Copies of all reports of school officers and any other information 

may be required by the commissioner, 358, 4058 10, 133 



252 OHIO SCHOOL LAWS. 



Index. 



state Commissioner of Common Schools — Concluded. 

Page. 

School book commission, is a member of, 4020-11 107 

School funds, supervision over, 358, 364 10, 11 

State board of examiners, appointment of members, by, 4065 136 

State certificates, countersigned by, 4067 137 

Superintendent or teacher, commissioner shall not be, 356 9 

Teachers' institute, report of, to, 4086, 4088, 4094 148, 149, 151 

Commissioner may hold institute, when, 4090 149 

Term of, 354 9 

Text books, filed at office of, 4020-10 107 

Notice to boards of education, 4020-12 108 

Price, maximuin, fixing cf, 40^^0-11 107 

Publishers' list price, filing of, 4020-10 107 

Notification to, 4020-11 107 

Vacancy in office, of, how filled, 354 9 

State Common School Fund. (See Funds.) 

State Certificate. (See Certificate.) 

State School Book Commission. (See School Book Commission.) 

State Treasurer. 

Bond of state commissioner of common schools, to be filed with, 355 9 

Statistics. 

Report of, 4052, 4057, 4058, 4059, 4060 131, 133, 134 

Statutes. 

Interpretation of 7 

Stockholder. 

Educational institutions, assessments of, 3753-3756 191, 192 

Studies. (See Branches of Study.) 
Sub-districts. (See Director.) 

City districts, certain cities shall be sub-divided, 3897 19 

Redistricting, 3897 19 

State school commissioner to act when board fails, 3897 19 

Township districts, election of director, powers and duties, 3921ffl.. 31 

Enumeration taken by director, 3921ff 31 

Existing sub-districts recognized for school attendance, 3921 31 

Change of, 3921 31 

Summons. 

Board of education, sumrrions for, 3976' 55 

Superintendent of Buildings. 

Appointmicnt of by board of education, 4017 103 

Superintendent of Schools. 

Appointment of, 4017, 4017a 103, 105 

Board of education, elected by, 4017, 4017a 103, 105 



OHIO SCHOOL LAWS, 253 



Index. 



Superintendent of Schools-^Concluded. 

Page. 

City boards of examiners, to give information to, 4078 144 

Compensation of fixed by board of education, 4017 103 

Duties of, 4017a 105 

Employment of, 4017, 4017a 103, 105 

Order for pay of, wlien illegal, 4051 130 

Penalty for failure to enforce temperance instruction law, 4020-25.. 112 

Private teacher, is judge of qualifications of, 4022-1, 4022-3 114 

Puplils may be excused from attendance by, 4022-1 113 

Suspension of, by, 4014 102 

Reports required of, 4052, 4057-4059 131, 133 

Teacher, shall appoint in city districts, 4017a 105 

Suspension of by, 4017a 105 

Term of, maximum, 4017, 4017a 103, 105 

Truant ofllcer, directions to, by superintendent, 4022-5, 4022-7 115, 116 

Report of, to superintendent, 4022-5 115 

Suspension. 

Director in city districts, may be, 4017 103 

Pupils may be suspended from schools, 4014 102 

Schools may be suspended in sub-districts, w^hen, 3922 32 

Discontinued in sub-districts, when, 3927-2 33 

Schools specially endowed,- suspension of trustees of, 4105-68 179 

Teacher may be, by superintendent in city districts, 4017a 105 

Swamp Lands. 

Interest upon proceeds of sale of, disposition of, 3952, 3952-1 42 

T 

Tax. 

Board of education, regular tax levy, by, 3958 45 

Certificate of, to county auditor, 3960 46 

Maximum levy by, authorized, 3959 45 

Special levy by, election for, 3993 63 

Cleveland, for library purposes, how expended, 4002 74 

Library property in, exempt from, 4002-5 75 

Manual training school, tax for, 4020-18 110 

Sinking fund for library board, 4002-16 79 

Compulsory education law, tax authorized, when, 4022-13 120 

Dayton, for library purposes, 4002-35, 4002-36 85 

Election on question of special levy, 3959, 3991 45, 62 

High schools, towijship districts, tax for, 4009-2 98 

Township or joint township high school, election on question of 

levy for, 4009-15 102 

Election not necessary, when, 4009-15 102 

Library, levy for in certain cities and villages, 4002-39-4002-45 87-89 

City districts, second class, fourth grade, tax for, 4002-46-4002-49 89, 90 

Maximum levy for all districts, 3959 45 

Ohio State University, tax for, 3951 41 

Ohio University, lands of, on, 4105-4, 4105-6, 4105-7 161 

Portsmouth, tax for library, 4006 91 



254 OHIO SCHOOL LAWS. 



Index. 



Tax — Concluded. 

Page. 

Property of board of education, exempt from, 3973 54 

School property, exempt from taxation. Art. 12, Sec. 2, 3973 6,54 

School tax paid by non-residents to be credited on tuition, 4013 101 

Special levy, election on question of, 3991 62 

Certificate of, to county auditor, 3993 63 

State school tax, 3951 41 

Tax levy, maximum for schools, 3959 45 

Estimate for, certified to county auditor, 3960 46 

Levy to exceed maximum, must be submitted to vote, 3959 45 

Universities of municipalities, for, 4104 159 



Teachers. 

Aplpointment of, 4017, 4017a 103, 105 

Certificate, granting of, 4066, 4073, 4081 136, 140, 145 

Branches of study necessary, 4020-24, 4074, 4078 Ill, 141, 144 

Elementary, 4074 141 

Fee required for, 4068, 4071 137, 139 

High school, 4074 141 

Original or copy must be filed with the clerk of the board of ed- 
ucation, 4051 130 

Prerequisite to employment of, 4051, 4074 130, 141 

Revocation of, 4067, 4073, 4081 137, 140, 145 

Special, 4074 141 

Compensation of, how fixed, 4017 103 

Dismissal of, 4009-1, 4017, 4017a 98, 103, 105 

For insufficient cause, may institute suit, 4019 106 

Duties of, 4018 106 

Elementary schools, certificates for, 4074 141 

Employed as, who may be, 4074 141 

Epidemic, shall receive pay when schools are closed on account of, 

4017 103 

Examination of, for certificates, 4071, 4071a, 4073, 4074, 4078, 4080, 

- 4081 139, 140, 141, 144, 145 

Forms relating to 201, 214 

High schools in townships, teachers in, 4009-1 98 

Certificates for, what required, 4074 141 

Holidays, may dismiss schools on, 4015 102 

Institute, may organize, 4086, 4092 148, 150 

Schools may be dismissed for teachers to attend, 4091 150 

Teachers shall receive pay for attendance, 4091 150 

Investigation of, by county examiners, 4073 140 

Janitor work not required of, 4018 106 

Order for pay of, when illegal, 4051 130 

Pension fund. (See pension fund for teachers.) 

Qualifications for employment in schools, 4020-24, 4074 Ill, 141 

Report of schools, required by, 4022-6, 4051, 4059 116, 130,133 

Scientific temperance, must be examined in, 4020-24 Ill 

State commissioner of common schools, duties as to, 357, 4085 10,146 

Suspension of pupils by, 4014 102 

Term of appointment, maximum, 4017, 4017a 103, 105 



OHIO SCHOOL LAWS. 255 



Index. 



Teachers' Institute. 

Page. 

Bond of executive committee, 4086 148 

Forfeiture of bond, 4089 149 

City districts, institutes for, 4092 150 

Funds for, liow provided, 4072, 4084 140, 146 

County auditor to pay to executive committee, 4087 149 

Unexpended balance to be returned to county treasury, 4087 .... 149 

Organization of, 4086 , 148 

Purpose of, 4086 148 

Report to state commissioner of common schools, 4088, 4094 149, 151 

Penalty for failure to report, 4088 149 

Scientific temperance, instruction in, required, 4020-25 112 

Sessions, length of, 4094 , 149 

State commissioner of common schools, to visit, 357 10 

May hold institute, when, 4090 149 

Teachers may dismiss school to attend, 4091 150 

Shall receive pay for attendance, 4091 150 

Temperance. (See Scientific Temperance.) 

Territory. 

Annexed for school purposes, 3893 16 

Detached for school purposes, 3886, 3888, 3890 15, 16 

Transfer of, 3894, 3895 16 

t 
Text Books. 

Adoption of by boards of education, 4020-14 108 

Board of education, may appoint agent for sale of, 4020-14 ' 108 

Failure of publishers to furnish, action talcen by board, 4020-13.. 108 

Notice to, of publishers entitled to sell books, 4020-12 108 

Purchase and sale of, by, 4020-14 108 

Exchange of, with pupils, 4020-14 108 

Failure of publishers to furnish, action to be taken by commission, 

4020-13 108 

Filing of, in office of state school commissioner, 4020-10 107 

Free school books, 4026 121 

Notice to publishers, 4020-11 107 

Price of, how fixed, 4020-11 107 

Publishers' price, filing of, 4020-10 107 

School Book Commission, how constituted, duties, 4020-11, 4020-13.. 107,108 

Thanl<sgiving Day. 

Dismissal of schools, on, 4015 102 

Tie Vote. 

Election of member of board of education, tie vote decided by lot, 

3970-10 52 

Toledo. 

Library. 

Access to, free to residents of city, 4002-28 83 

Board of trustees, 4002-21 80 

Bonds, for library, 4002-23, 4002-24, 4002-27 80,82,83 



256 OHIO SCHOOL LAWS. 



Index. 



Toledo — Concluded. 

Page. 

Donations, trustees may accept, 4002-31 84 

Establishment of, tax for, 4002-19 79 

Librarian and assistants, employment of, 4002-23 80 

Management of, 4002-21 80 

Organization of board, powers, duties, 4002-23 80 

Penalty for injuring library property, 4002-30 84 

Report of trustees, 4002-29 83 

Site for library, how acquired, 4002-25-4002-26 82, 83 

Transfer of property from board of education to library board, 

' 4002-22 80 

University of Toledo, provisions applying to, 4095-4105 155-160 

Toledo University. 

Provisions applying to, 4095-4105 155-160 

Township Districts. 

Attached territory, assignment of, 3916 30 

Electors in, voting of, 3916 30 

Board of education, election of, 3915, 3970-10 30, 52 

Meetings of, 3920 31 

Special meetings, how called, 3978 55 

Membership of, 3915 30 

( Organization of, 3920 31 

Centralization of, 3922, 3927-2 32, 33 

Classification of, 3885, 3890 14, 16 

Clerk of. (See clerk of board of education.) 

Commencements, held in, 4029-1 121 

Expenses of, how paid, 4029-2 122 

Compulsory attendance, in, 4022-1-4022-14 113-120 

Contingent fund, apportionment to, 3964, 3966 46, 47 

Defined, 3890 16 

Director, election of, 3921a 31 

Enumeration taken by, 3921a 31 

Powers and duties of, 3921a 31 

Forms relating to 201-214 

High schools in, 4009, 4009-1, 4009-2, 4009-15 97, 98, 99 

Joint sub-districts abolished, 3923 32 

Attached to township district, 3923 32 

Map of, filed with county auditor, 3923 32 

Map of, 3921 31 

Sub-districts recognized for school attendance, 3921 31 

Discontinued, when, 3922, 3927-2 ■ 32,33 

Number of schools required in, 4007 94 

Schools of, continued same length of time, 4007 94 

Tax levy authorized, maximum, 3959 45 

Teacher, election of, in, 4017, 4017a 103, 105 

Territory transferred, how, 3894, 3895 16 

Treasurer of. (See treasurer of board of education.) 

Tuition, payment of to high school, 4022, 4029-3 112, 123 



OHIO SCHOOL LAWS. 257 



Index. 



Township Treasurer. (See Treasurer of Board of Education.) 

Page. 

Board of education, is ex officio treasurer of, 4042 128 

Township Trustees. 

Corpse, surrender of by, for dissection, 3763 195 

Relief of indigent children, to secure school attendance, 4022-9 118 

Vaccination of pupils, duties as to, 3986 157 

Transfer. 

Pupils of, from one district to another, 4022 112 

Assignment of, 4013 101 

When pupil lives more than one and one-half miles from school, 

4022a 112 

Territory from one district to another, 3894, 3895 16 

Form for 207 

Transportation. 

Centralized townships, of pupils in, 3927-2 33 

Special districts, of pupils in, 3934 38 

Sub-districts, of pupils in, 3922 32 

Traveling Expenses. 

Examiner of school funds, of, 365 12 

State examiners, of, 4068 137 

Treasurer of Board of Education. 

Accounts of, how kept, 4055 131 

3ond of, execution of, 4043 128 

Copy of, to be filed with county auditor, 4043 128 

Funds must be produced and counted, on filing of bond, 4043 128 

New bond may be required, 4043 128 

Release of surety, on, 4043 128 

Compensation of, 4056 132 

Disbursements by, 4047 130 

Election of, 4042 128 

Forms relating to 201-214 

Funds, amount treasurer may hold, 4048 130 

Orders on, how drawn, 4047 130 

Receipt of moneys, by, 3960, 4047 46, 130 

School district, treasurer of, how selected, 4042 128 

Settlement with county auditor, 4044 129 

Penalty for failure to make, 4045 129 

Successor, delivery of property to, 4049 130 

Teachers' institute in city districts, funds of, to be paid to county 

treasurer, when, 4092 150 

Term of, 4042. .• 128 

Treasurer of County. (See County Treasurer.) 

Trial. 

Blind children, hearing to determine advisability of sending to state 

institution, for, 4022-10." 118 

n7 S. Ii. 



258 OHIO SCHOOL LAWS. 



Index. 



Trial — Concluded. 

Deaf and dumb children, hearing to determine advisability of send- 
ing to state institution, for, 4022-10 118 

Juvenile disorderly persons, proceedings against, 4022-8 117 

Parents, proceedings against for failure to compel children's attend- 
ance at school, 4022-7 116' 

Teacher, trial of, by county examiners, 4073, 4081 140, 145 

Truant. 

Forms relating to truancy 210-214 

Juvenile disorderly person, truant is, 4022-4 115 

Penalties, 4022-8, 4022-12 117, 120 

Proceedings against, 4022-7, 4022-8 116, 117 

Report, by principal and teachers,4022-6. 116 

Truant Officer. 

Complaint by, against child, 4022-8 117 

Deaf, dumb and blind children, report of, 4022-10 118 

Forms relating to duties of 210-214 

Notice to parents, 4022-7 116 

Parent, warning to, by, 4022-7 116 

Penalty, for neglect of duty, 4022-11, 4022-12 119, 120 

Powers and duties, 4022-5 i . . . . 115 

Relief of indigent cnild, report on, 4022-9 118 

Report to, by principals and teachers, 4022-6 116 

Trustees. (See Townsiiip Trustees.) 

Universities of municipalities, trustee of property of, 4097 156 

Educational institutions, trustees of, 3726-3771 a 182-199 

Ohio State University, of, 4105-10-4105-48 162-173 

Schools specially endowed, trustees of, 4105-67-4105-73 179,180 

Toledo public library, of, 4002-21-4002-31 80, 84 

Wilberf orce University, of, 4105-54-4105-65 175-177 

Tuition. 

Free, when, 4013 101 

Non-residents, entitled to credit of school tax paid within the dis- 
trict, 4013 101 

Payment of, by agreement between the boards of education, 4022. . . . 112 

For "Patterson" graduates, 4029-3 123 

Pupils residing more than one and one-half miles from school, pay- 
ment of, 4022a 112 

U 
United States Military District. 

Enumeration of youth in, 4030 125 

Funds derived from sale of lands in, disposition of, 3953, 3954 43 

University. (See Colleges and Universities.) 



OHIO SCHOOL LAWS. 259 



Index. 



University of Cincinnati. 

Page. 

Admission to, regulated, 4100 158 

Bequests, may accept, 4095 155 

Board of directors, appointment of, 4098-1 157 

Powers and duties of, 4099 157 

Vacancies in, how filled, 4098-1 157 

Degrees, when conferred, 4102 158 

Funds, application of, 4096 155 

Accounts of, how kept, 4101 158 

Site and grounds, 4103 159 

Tax for, how levied, 4104 159 

University of Toledo. (See Toledo University.) 

Vacancy. 

Board of education in, how filled, 3981 56 

Cincinnati library trustees, vacancy in, 3999 6'7 

City board of examiners, in, 4077 143 

County board of examiners, how filled, 4069 137 

Director in township districts, how filled, 3921a 31 

Educational institutions, in board of trustees, how filled, 3733 183 

Ohio State University, in board of trustees, how filled, 4105-38 171 

Schools specially endowed, board of trustees of, 4105-68 179 

State board of examiners, how filled, 4065 136 

State commissioner of common schools, in office of, 354 9 

Toledo library board, how filled, 4002-21 80 

Wilberforce University, in board of trustees, 4105-57 175 

Vaccination. 

Free in certain cases, 3986 57 

Rules in regard to in schools, 3986 57 

Village Districts. 

Abandonment of, 3889 15 

Advancement to, 3889 15 

Attached territory, assignment of, 3910 

Electors, voting in, 3910 28 

Board of education, election of, 3908, 3909, 3970-10 

Meetings of, 3911 29 

Membership of 3908, 3909 28 

Organization of, 3911 29 

Classification of, 3886, 3888 14, 15 

Clerk of. (See clerk of board of education.) 

Compulsory attendance in, 4022-1-4022-14 113-120 

Defined, 3888 15 

Election In newly created village, 3909 28 

Libraries, may be established in. 3998-6, 4002-39-4002-45 65, 87-89 

Tax levy for, maximum, 3959 , 45 

Transfer of territory, 3894, 3895 16 

Treasurer of. (See treasurer of board of education.) 

Village shall become village district, 3889 .,,.,., 16 



260 OHIO SCHOOL LAWS. 



Index. 



Virginia IVlilitary District. 

Page. 
Accepting certain lands in, ceded to Ohio by the United States, 4105-19 

-4105-25 164-168 

Copies of entries and surveys Lo be made in certain counties in, 

4105-48 173 

Damage to lands in, 4105-20 164 

Deed for lands in, 4105-48 173 

Division and appraisal of lands in, 4105-22 166 

Enumeration of youth in, 4030 125 

Relief for money wrongfully paid, for, 4105-50 ' 174 

Sale of lands, 4105-23 166 

Title to lands, where vested, 4105-21 165 

Visitors. (See Board of Visitors.) 
Vouchers. (See Order.) 

w 

Wages. (See Compensation.) 
Wasliington's Birthday. 

Dismissal of schools, on, 4015 102 

Week. 

School week, length of, 4016 103 

Wilberforce University. 

Normal and industrial department of, 4105-54 175 

Admission to, free, of appointee of member of general assembly, 

4105-64 ,. 177 

Approptt-iation for, 4105-62, 4105-65, 4105-66 177,178 

Board of trustees, appointment of, 4105-55, 4105-56, 4105-58 175, 176 

Expenses of, 4105-59 1761 

Meetings of, 4105-59 176 

Powers and duties of, 4105-60 176 

Report of, 4105-63 177 

Vacancies in, how filled, 4105-57 175 

Bond of treasurer, 4105-62 17? 

Funds of, 4105-62 177 

Non-sectarian department, 4105-61 176 

Tax levy for, 4105-65 177 

Woman. 

Registration of, 8970-12... 53 

Vote for school officers, entitled to, 3970-12 52 



Year. 



Annual enumeration, 4030 125 

School year, length of, 4016 103 

Time schools must be continued in year, 4007 94 



OHIO SCHOOL LAWS. 261 



Index, 



Yeas and Nays. 

Board of education, yea and nay vote of, must be taken in certain 

cases, 3982 56 

Youth. 

Assignment of, to schools, by board of education, 4013 101 

Attendance at school, free, when, 4013 101 

Attendance of, enforced, 4022-1-4022-14 113-120 

Enumeration of, 4030-4041 125-128 

Employment of, unlawful, when, 4022-2, 4022-3 114 

Non-residents, can attend school, under what conditions, 4013, 4022, 

4022a, 4029-1-4029-4 101, 112, 121-124 

z 

Zanesville. 

Charity school at, children may be sent to, when, 4011 101 



LEJL "08 



